Municipal Collective Bargaining Agreements in Large Cities ... · Municipal agreements and worker...

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Municipal Collective ' Bargaining

U. S. DEPARTMENT OF LABOR Bureau of Labor Statistics 1972

iND.

Dayton & Montgomery Co. Public Library

DEC 2 61972

DOCUMENT COLLECTION

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Municipal Collective Bargaining Agreements in Large Cities

Bulletin 1759

U. S. DEPARTMENT OF LABOR James D. Hodgson, Secretary

BUREAU O F LABO R STATISTICS Geoffrey H. Moore, Com missioner

1972

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PrefaceThis bulletin is one of a series of studies by the Bureau of Labor Statistics dealing

with collective bargaining and labor-management relations in the public sector, and was carried out with funds made available by the Labor-Management Services Administration of the Department of Labor.

The Bureau made this study to provide management and union negotiators with information on the characteristics of public employee agreements, in this case, in major cities. Studies in progress cover agreements for policemen and firemen and for Federal employees.

This bulletin was prepared in the Division of Industrial Relations by Richard R. Nelson, with the assistance of Haney R. Pearson and Donald L. Breneman, under the direction of Leon E. Lunden, Project Director. Ronald W. Glass and John L. Gurney participated in the planning and data collection phases of this project.

in


ContentsPage

Chapter 1. Introduction .................................................................................................................................................... 1Scope and method of study ..................................................................................................................................... 1

Chapter 2. General characteristics ..................................................................................................................................... 3Regional distribution ................................................................................................................................................. 3City size and employee organization ....................................................................................................................... 3Size of bargaining unit .............................................................................................................................................. 3Occupational groups ....................................................... 4City activities ......................................................................................................................................................... 4Agreement term ...................................................................................................................................................... 4

Chapter 3. Agreement provisions ..................................................................................................................................... 9

Administrative provisions ........................................................................................................................................ 9

R ecognition ....................................................................................................................................................... 9

Union security ................................................................................................................................................. 9

Dues checkoff ................................................................................................................................................ \ \Management rights .......................................................................................................................................... 12Antidiscrimination .......................................................................................................................................... 12Activities of employee organizations............................................................................................................. 13Labor-management activities ......................................................................................................................... 14

Personnel actions ...................................................................................................................................................... 16P ro m o tio n ......................................................................................................................................................... 16Demotion ......................................................................................................................................................... 17Layoff procedures .......................................................................................................................................... 18Job s e c u r ity ...................................................................................................................................................... 19

Hours, overtime, and premium pay ......................................................................................................................... 19Scheduled hours; daily and weekly overtime .............................................................................................. 19Regulation of overtime .............................................................................................................................. 20Weekend work ............................................................................................................................................. 20Holidays worked ............................................................................................................................................. 21

Wage provisions and allowances .............................................................................................................................. 21Wage adjustments .......................................................................................................................................... 21Job classification and reclassification ....................................................................................................... 22Shift d ifferentials............................................................................................................................................. 23Mileage allowances .......................................................................................................................................... 23Travel p a y ......................................................................................................................................................... 23Clothing allowances ....................................................................................................................................... 23

Selected payments for time not worked ................................................................................................................ 23Sick leave ......................................................................................................................................................... 23Funeral leave ................................................................................................................................................ 24Jury duty ...................................................................................................................................................... 24Paid military leave ............................................................................................................ 26Call back pay ................................................................................................................................................... 26

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Contents—Continued Page

Reporting pay ............................................................................................................................................. 26Paid rest periods .......................................................................................................................................... 27Paid meal p e r io d s .......................................................................................................................................... 27Washup, cleanup .......................................................................................................................................... 28Vacations ..................................................................................................................................................... 29H o lid ay s........................................................................................................................................................ 29

Unpaid leave provisions.......................................................................................................................................... 29Military leave ............................................................................................................................................... 29Union business ............................................................................................................................................ 30Personal l e a v e ................................................................................................................................................ 31Maternity leave ............................................................................................................................................. 31Education ..................................................................................................................................................... 32Miscellaneous leave provisions .................................................................................................................. 33

Grievance and arbitration p rocedures.................................................................................................................. 33Scope of the grievance procedure ............................................................................................................ 33Exclusions from the grievance procedure ................................................................................................. 34Union participation .................................................................................................................................... 34Procedural steps and time limits ............................................................................................................... 35Arbitration ................................................................................................................................................... 35

Disciplinary procedures.......................................................................................................................................... 37No-strike provisions................................................................................................................................................ 38Official time for grievances and negotiations...................................................................................................... 38Negotiation impasse procedures and related matters ......................................................................................... 39Savings c lau se s ........................................................................................................................................................ 41

Chapter 4. Teacher provisions in municipal collective bargaining agreements ........................................................ 54Academic freedom ............................................................................................................................................... 54Professional behavior ............................................................................................................................................. 54Professional development .................................................................................................................................... 54Teacher evaluation ................................................................................................................................................ 56Consultation ........................................................................................................................................................... 56Working conditions ................................................................................................................................................ 57Classroom environm ent.......................................................................................................................................... 59Professional integrity ............................................................................................................................................. 60

Tables:1. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by region

and State, 1970 ....................................................................................................................................... 22. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by city

size group and city, 1970 53. Union affiliation in municipal agreements in cities with populations of 250,000 and over, by city

size, region, and size of bargaining unit, 1970 ...................................................................................... 64. Bargaining units of 10,000 workers or more in cities with populations of 250,000 and over, by city,

agency and organization, 1970 65. Union affiliation and type of organization in municipal agreements in cities with populations of

250,000 and over, by occupational group and government activity, 1970 ................................... 76. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by

contract duration, union affiliation, and type of organization, 1970 ............................................... 87. Union security, dues checkoff, and management rights provisions in municipal agreements in cities

with populations of 250,000 and over, by region, 1970 ................................................................... 41

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Contents—Continued Page8. Union security, dues checkoff, and management rights provisions in municipal agreements in cities

with populations of 250,000 and over, by occupational group and government activity, 1970 . . 429. Types of union security provisions in municipal agreements in cities with populations of 250,000

and over, by city size, 1970 ................................................................................................................... 4310. Antidiscrimination provisions in municipal agreements in cities with populations of 250,000 and

over by region, 1970 .............................................................................................................................. 4311. Selected provisions governing activities of employee organizations in municipal agreements in cities

with populations of 250,000 and over, by city size, 1970 ................................................................. 4312. Labor-management committees in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 4413. Promotion and demotion procedures in municipal agreements in cities with populations of 250,000

and over, 1970 4414. Selected reduction-in-force procedures in municipal agreements in cities with populations of

250.000 and over, by city size, 1970 .................................................................................................... 4415. Miscellaneous job security provisions in municipal agreements in cities with populations of 250,000

and over, 1970 4516. Hours and overtime provisions in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 4517. Premium pay for weekend and holiday work in municipal agreements in cities with populations of

250.000 and over, by city size, 1970 .................................................................................................... 4518. Wage adjustment provisions in municipal agreements in cities with populations of 250,000 and over,

by contract duration, 1970 .................................................................................................................. 4619. Wage adjustment and contract reopener provisions in municipal agreements in cities with

populations of 250,000 and over, by city size, 1970 ......................................................................... 4620. Role of employee organization in job classification in municipal agreements in cities with

populations of 250,000 and over by occupation, 1970 .................................................................... 4721. Travel time pay, mileage allowance, and special clothing allowance or maintenance in municipal

agreements in cities with populations of 250,000 and over, by occupation, 1970 ........................ 4722. Selected payments for time not worked in municipal agreements in cities with populations of

250.000 and over, by occupational group, 1970 ............................................................................... 4823. Maximum paid vacation in municipal agreements in cities with populations of 250,000 and over, by

city size, 1970 .......................................................................................................................................... 4924. Number of paid holidays in municipal agreements in cities with populations of 250,000 and over, by

region, 1970 ............................................................................................................................................. 4925. Leave of absence provisions in municipal agreements in cities with populations of 250,000 and over,

1970 ........................................................................................................................................................ 5126. Negotiated and agency grievance procedures in municipal agreements in cities with populations of

250.000 and over, by city size, 1970 .................................................................................................... 5127. Negotiated grievance procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 ........................................................................................................................ 5128. Selected arbitration procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 5229. Selected disciplinary procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 5230. Official time allowances for employee organization business in municipal agreements in cities with

populations of 250,000 and over, by city size, 1970 ......................................................................... 5331. Negotiation impasse procedures in municipal agreements in cities with populations of 250,000 and

over, by city size, 1970 ........................................................................................................................ 53

Appendix. Identification of clauses .............................................................................................................................. 62

VI


Chapter 1. Introduction

Over the last few years, public employee labor relations and collective bargaining have grown in importance in Federal installations and in State and local government units. The Bureau has examined aspects of this growth in a number of recent publications.1 In late 1971, the Bureau reported that 1970 membership in unions and employee associations in the public sector had increased to a new high of 2.7 million, and thus had continued the growth trend evident over the last few years.2 Most of the increase occurred among employees of State and local governments. At about the same time, the Bureau also published work stoppage data for 1970 which revealed a continued high level of stoppages among State and local government employees.3 Taken together, these two reports focused attention on one of the basic needs that union and management negotiators in State and local jurisdictions have, namely, for information upon which rational, and hopefully, peaceful agreements can be based. Clearly, knowledge of current collective bargaining contracts of public employees would be beneficial.

This study is the first the Bureau has made of public employee labor contracts below the Federal level and provides data on a wide variety of collective bargaining provisions. In addition to aiding negotiators now, the statistics derived from the study will serve as a benchmark against which the Bureau will measure changes in later studies.

Scope and method of study

For this study, the Bureau examined 286 collective bargaining agreements and related documents covering 613,490 municipal employees in cities having populations of 250,000 or more. (See table 1.) These were negotiated in 39 cities, or more than 70 percent of the 55 cities which, according to the 1970 census, had populations of 250,000 or more.4 These cities were located in 24 States and included the District of Columbia. Of the remaining 16 cities in the population size group,5 two—Norfolk, Virginia and San Antonio, Texas-had neither active employee organizations, nor collective bargaining agreements at the time that this study was made. Another two—Nashville, Tennessee and

Tulsa, Oklahoma—had active employee organizations and written agreements, but the Bureau had not received contracts from them by the time study tabulations were completed. Finally, 12 cities had active unions and associations, but as yet had negotiated no written contracts. In some of these 12, lack of written agreements did not necessarily denote lack of labor relations activity. Some cities—for example, Minneapolis, Minnesota and Wichita, Kansas—confer informally with employee organizations; and Honolulu, subsequent to

1 Directory of National and International Labor Unions in the United States, 1967 (BLS Bulletin 1596, 1968); Independent State and Local Public Employee Associations in California, 1968 (joint project of BLS and California Department of Industrial Relations, Division of Labor Statistics and Research); Municipal Public Employee Associations (BLS Bulletin 1702, 1971); Philadelphia Municipal Employees: CompensationChronology 1953-1971 (BLS Mideast Region Report No. 3); Municipal Labor-Management Relations: Chronology ofCompensation Developments in Milwaukee, 1960-70 (BLS Bulletin 1720, 1971). Also, see Municipal Government Wage Surveys for selected cities.

2“Labor Union and Employee Association Membership, 1970,” Press Release, USDL, Sept. 13, 1971. For earlier data, see “Union Membership Among Government Employees,” Monthly Labor Review, July 1970.

3In 1970, there were 412 State and local government stoppages involving 333,500 workers. These resulted in 2 million man-days idle, or 0.06 percent of estimated working time. Work Stoppages in 1970, Summary Report, U.S. Department of Labor, Bureau of Labor Statistics, August 1971. Also, see Work Stoppages in Government, 1958-68 (BLS Report 348, 1970). A summary release issued November, 1971, updates the information for 1969 and 1970.

4The 39 cities are Akron, Atlanta, Baltimore, Boston, Buffalo, Chicago, Cincinnati, Cleveland, Columbus, Denver, Detroit, Forth Worth, Indianapolis, Jacksonville, Jersey City, Kansas City, Los Angeles, Louisville, Memphis, Milwaukee, Newark, New Orleans, New York, Oakland, Oklahoma City, Omaha, Philadelphia, Phoenix, Pittsburgh, Portland, Rochester, Sacramento, San Francisco, San Jose, Seattle, Tampa, Toledo, Tucson, Washington, D.C. The 16 cities for which no contracts were available to the Bureau of Labor Statistics are Birmingham, Dallas, El Paso, Honolulu, Houston. Long Beach, Miami, Minneapolis, Nashville, Norfolk, St. Louis, St. Paul, San Antonio, San Diego, Tulsa, and Wichita.

5 The information which follows was derived from a questionnaire survey now in progress on municipal labor relations policies.

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the study, came under a new State collective bargaining law that promised more formalized labor relations in the future.

Included in the study are collective bargaining agreements similar to those in private industry as well as other documents, such as memoranda of understanding, ordinances, or other unilateral promulgations, which clearly indicate that they were the result of bilateral negotiations. This approach understates the effect of unions and associations on municipal labor relations policies. In many cases, seemingly unilateral city ordinances and executive orders actually are the consequence of discussions involving employee organizations. However, since no record of this involvement has been set forth in the documents, they have not been considered within the scope of the study. For convenience of exposition, documents used in this study will be referred to as agreements or contracts.

Data in the following chapters indicates the relatively low prevalence of some provisions compared with agreements in the private sector. In part, the low prevalences result from the recent origin of most municipal bargaining. As these relationships mature, changes are likely to occur. In addition, much of what is

normal in private sector agreements has been governed for years in municipalities by civil service rules and regulations, administrative actions, and legislative acts, all in the absence of collective bargaining. Although many of these traditional bargaining items will find their way into municipal contracts, one cannot expect that private industry patterns will be repeated in all details. City bargainers will work out their own solutions to labor relations problems suitable to their particular municipal situations.

In addition to the discussion of city agreements, generally, the final section of this report illustrates clauses found in teacher contracts. An appendix identifies the clauses used as illustrations in the study. The reader should keep in mind that the data reflect the Bureau’s understanding of the written provisions and not necessarily that of the parties. Agreement language is elusive and complicated, and often requires interpretation through the arbitration process. What is carried out in practice, furthermore, may differ from contract language. Under these circumstances, the Bureau can only analyze the specific language appearing in contracts, and hope that it closely reflects the rules under which the parties operate.

Table 1. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by region

and State, 19701

Region and State Agreements Workers Region and State Agreements Workers

T o ta l......................................... 286 613,490 South A tlan tic ................................. 24 48,612M o r u l a n r l 1 n qnn

New England.................................... 24 22,630 District of Columbia ..............1 u9

O H ,O U U

12,120* Massachusetts .......................... 24 22,630 Georgia ...................................... 1 350

Florida......................................... 4 1,842Middle A tla n tic ............................... 71 342,800

New York ................................. 51 301,316 East South Central.......................... 20 8,690New Jersey ............................... 10 8,384 Kentucky .................................... 12 1,705Pennsylvania ............................. 10 33,100 Tennessee ................................. 8 6,985

East North Central.......................... 82 137,849 West South Central ........................ 3 3,960Ohio ........................................... 26 44,309 Louisiana.................................... 1 700Indiana ...................................... 4 5,800 Oklahoma .................................. 1 60Illin o is ........................................ 8 38,950 Texas........................................... 1 3,200Michigan .................................... 18 31,342Wisconsin.................................... 26 17,448 M ountain........................................... 13 10.478

C olorado .................................... 8 6,178West North Central ........................ 7 6,750 A rizo n a ...................................... 5 4,300

Missouri...................................... 2 1,500Nebraska.................................... 5 5,250 P ac ific ................................................ 42 31.721

Washington ............................... 15 12,620Oregon......................................... 3 4,600California.................................... 24 14,501

1 Tables cover all cities of 250,000 inhabitants or more which had written agreements and which made these agreements available.

NO TE: Only the States listed (including the District of Columbia) were represented in the study. Twenty-one States do

not have a city with a population of 250,000 or more. Minnesota, Kansas, Virginia, Alabama, and Hawaii had cities meeting the minimum population requirement, but agreements were not available or no agreements had been negotiated.

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Chapter 2. General Characteristics

Regional distribution

Fifty-three percent of the 286 agreements were from cities in the Middle Atlantic and East North Central States, areas traditionally strong in private sector unionism. A smaller concentration of agreements was found in the Pacific region. Unionization in general does not have a strong foothold in the West South Central and West North Central States.1 Consequently, collective bargaining among government employees is not likely to be widespread at this stage.

More than half of the worker coverage reported came from the Middle Atlantic region, largely because of the effect of organization in New York City, which alone accounted for 11 percent of all agreements and more than 46 percent of the represented employees. (See table2.) Because of the effect of New York City agreements on worker coverage, text references to the frequency of particular provisions will be in the number and proportion of contracts. Tables, however, carry worker coverage.2

City size and employee organization

New York City agreements and worker coverage also influenced the concentration of workers in cities of 1 million and over (63 percent of those in the study) compared with the number of agreements covering them (24 percent of those in the study). In smaller city population size groups, most of the agreements were widely dispersed as were the remaining minority of workers. (See table 3.) Agreements involving AFL-CIO affiliates were concentrated largely in the smaller city population size groups, but worker coverage again centered in cities of 1 million and over. By comparison, agreements involving employee associations and their worker coverage clustered in cities below 1 million. In total, employee associations negotiated 29 percent of the agreements covering 16 percent of the workers.

The American Federation of State, County and Municipal Employees (AFSCME) (AFL-CIO) had the most agreements of any employee organization studied and was the only union which had membership in all occupational groups and regions of the country. Four

unions and one association bargained for at least 20 of the agreements in the study:

Unions and associations Agreements Workers

All unions and associations 286 613,490

State, County and Municipal(AFSCME) (AFL-CIO) ................. 56 216,288

National Education Association(NEA) (Ind.) ................................. 23 48,835

Firefighters (IA FF) (A F L -C IO )____ 23 30,510Teachers (AFT) (AFL-CIO) . ______ 22 163,950

These four employee organizations accounted for more than 43 percent of all agreements, covering nearly 75 percent of the employees.

Size of bargaining unit

Most bargaining units in the study were moderate in size; almost 40 percent of the contracts covered fewer than 250 workers each. (See table 3.) However, 48 percent were concentrated in nine bargaining units, each representing more than 10,000 workers.3 (See table 4.)

1 Municipal Public Employee Associations (BLS Bulletin 1702, 1971), table 10, p. 15, and Directory of National and International Labor Unions in the United States, 1969, (BLS Bulletin 1665, 1970), tables 10 and 11, pp. 76-7.

2 Among the 32 New York City agreements, two had a very significant effect on worker coverage data: The Mayoral Agency agreement with the American Federation of State, County and Municipal Employees (AFL-CIO) involving 120,000 city workers; and the Board of Education contract with the American Federation of Teachers (AFL-CIO), covering 60,000 teachers.

3 Included in this group is the New York City Agreement with the AFSCME covering 120,000 workers and referred to in footnote 7. In New York City, a large number of separated units were linked together under District Council 37 of the AFSCME, once the union had achieved a citywide majority, to make one unit for the purpose of negotiating working conditions or other noneconomic matters. For each constituent bargaining unit, the New York City Office of Labor Relations issues a separate Implementing Personnel Order, which sets forth the economic settlement for that specific bargaining situation.

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Occupational groups

Eighty-five percent of the agreements studied covered a single occupational group; the largest number applied to blue-collar workers. (See table 5.) However, more white-collar than blue-collar employees were represented, especially professional and technical employees. The preponderence of the professional and technical group stemmed from the inclusion of large teacher agreements and again, of the New York City white-collar contract. Blue-collar employees of transit systems and authorities represented the second largest group of workers.

City activities

In municipal activities, agreements separated into two major groups: those which are city wide, covering nearly 11 percent of the contracts and 30 percent of the employees studied and those which focus on single departments of city governments. (See table 5.)

The Bureau divided citywide contracts into two groups: the first and most prevalent covering all city activities, except police and fire. The second involving a miscellany of agreements and including (a) those contracts which excluded activities other than protection services and (b) those which applied citywide to an occupational category, such as all clerical workers. Had the study included smaller city population size groups, the proportion of citywide agreements conceivably would have been larger, because the smaller city sizes lend themselves to city wide units.

Most agreements involved employees in one specific activity or agency. Among these, three activities were particularly noticeable: education, which exceeded all others in both number of agreements and worker coverage; transit systems; and the protective services, police and fire. AFL-CIO affiliates were preponderant, not only in citywide agreements, but in education, transit, and protective services as well. Most employee association agreements were clustered in education, largely with the National Education Association, and in police protection, involving a variety of policemen’s organizations.Agreement term

The duration of agreements was shorter in municipal service than in the private sector, where most are in effect for 3 years or longer. (See table 6.) Only 20 percent of the municipal agreements were in effect for 3 years or longer. About 65 percent expired after 2 years or less. This shorter agreement term perhaps may reflect the newness of the bargaining relationship. As table 6 shows, a number of agreements were negotiated for odd numbers of months—for example, more than 1 year, but less than 2; or more than 2 years but less than 3. To some degree, these come about from bargaining talks extending over many months which result in retroactive settlements, as well as prospective ones. This lengthy procedure conceivably develops not only from the newness of some relationships, but also from the complexity of bargaining and the relationship of the economic settlement to city budgetary procedures.

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Table 2. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by city size

group and city, 19701

City Agreements Workers City Agreements Workers

T o ta l.................................. 286 613,490 Pittsburgh, Pennsylvania . . . . 2 4,300San Francisco, California . . . . 2 3,300

1,000,000 and o v e r .................... 69 386,277 Seattle, Washington.............. 15 12,620Chicago, I llin o is .................... 38,95cH Washington, D. C ................... 9 12,120Detroit, M ichigan.................. 18 31,342Los Angeles, C a lifo rn ia ........ 3 2,950 250,000-499,999 ........................ 88 70.661New York City, New York .. 32 284,235 Akron, Ohio ........................ 5 4,560Philadelphia, Pennsylvania . .. 8 28,800 Buffalo, New York .............. 15 11,081

Cincinnati, Ohio .................. 5 10,320500,000-999,999 ........................ 129 156.552 Forth Worth, T exas.............. 1 3,200

Atlanta, Georgia .................. 1 350 Jersey City, New Jersey........ 9 4,384Baltimore, Maryland ............ 10 34,300 Louisville, K en tu cky ............ 12 1,705Boston, Massachusetts.......... 24 22,630 Newark, New Jersey ............ 1 4,000Cleveland, O h io .................... 8 14,229 Oakland, C a lifo rn ia .............. 5 2,685Columbus, O h io .................... 3 11,000 Oklahoma City, Oklahoma .. 1 60Denver, Colorado.................. 8 6,178 Omaha, Nebraska.................. 5 5,250Indianapolis, Indiana............ 4 5,800 Portland, O regon.................. 3 4,600Jacksonville, Florida ............ 3 1,242 Rochester, New York .......... 4 6,000Kansas City, M issouri............ 2 1,500 Sacramento, California ........ 7 2,566Memphis, Tennessee ............ 8 6,985 San Jose, C a lifo rn ia .............. 7 3,000Milwaukee, Wisconsin .......... 26 17,448 Tampa, Florida .................... 1 600New Orleans, Lou is iana........ 1 700 Toledo, O h io ........................ 5 4,200Phoenix, A r izona .................. 3 1,850 Tucson, Arizona .................. 2 2,450

*See table 1, footnote 1.NOTE: This table does not show all agreements nor full

collective bargaining coverage for the cities listed, but reports only agreements forwarded to the Bureau and the number of

workers covered by them. City size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census.

5


Table 3. Union affiliation in municipal agreements in cities with populations of 250,000 and over, by city size,region, and size of bargaining unit, 1970

City size, region, and size of bargaining unit A ll agreements

Union

AssociationsAFL-CIO Independent

Combination of AFL-CIO

and independentAgreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

CITY S IZE1

Total ...................... 286 613,490 184 490,448 17 , 20,959 2 2,900 83 99,183

1,000,000 and o ve r.......... 69 386,277 51 351,650 6 18,465 12 16,162500*000-999,999 .......... 129 156*552 87 106,290 3 625 1 2,050 38 47,587250,000-499,999 .......... 88 70,661 46 32,508 8 1,869 1 850 33 35,434

REGION

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183

New England.................... 24 22,630 14 18,270 1 200 9 4,160Middle A t la n t ic ................ 71 342,800 47 301,296 3 16,815 21 24,689East North Central .......... 82 137,849 54 102,700 6 3,600 22 31,549West North C en tra l............ 7 6,750 5 3,550 2 3,200South Atlantic ................ 24 48,612 20 40,362 4 8,250East South Central .......... 20 8,690 13 7,721 6 319 1 650West South C en tra l............ 3 3,960 2 760 1 3,200M o u n ta in ............................. 13 10,478 5 2,428 8 8,050Pac if ic .............................. 42 31,721 24 13,361 1 25 2 2,900 15 15,435

SIZE OF BARGAIN INGUNIT

Total ...................... 286 613,490 184 490,448 17 20,969 2 2,900 83 99,183

Under 2 5 0 ........................ 107 9,765 65 5,638 10 794 32 3,333250-499 .......................... 35 12,925 22 8,110 3 1,065 10 3,750500-999 .......................... 44 28,200 30 19,300 1 850 13 8,0501,000-1,999 .................... 38 52,550 26 36,850 2 2,600 10 13,1002,000-2,999 .................... 20 46,800 14 32,700 1 2,050 5 12,0503,000-3,999 .................... 12 40,800 6 19,900 6 20,9004,000-4,999 .................... 7 30,050 4 16,850 3 13,2005,000-7,499 .................... 7 39,750 3 17,450 .1 5,000 3 17,3007,500-9,999 .................... 7 58,400 6 50,900 1 7,50010,000 and o v e r .............. 9 294,250 8 282,750 T 11,500

1 City size is based on the 1970 Census of Population, U.S. all cities of 250,000 .inhabitants or more which had written Department of Commerce, Bureau of the Census. Tables cover agreements and which made these agreements available.

Table 4. Bargaining units o f 10,000 workers or more in cities with populations o f 250,000 and over, by city, agency and organization, 19701

City Agency Employee organization Workers

New York.......................... Mayoral agency State, County and Municipal Employees (AFL-CIO) 120,000New Y o rk .......................... Board of Education-Teachers T eachers (A F L?C IQ) 60,000New Y o r k .......................... Transit Authority Transportation workers (AFL-CIO) 30,000Chicago ............................ Board of Education Teachers,(AFL-CIO) 25,800Philadelphia...................... Board of Education Teachers ^AFL-CIO) 13,500New Y o rk .......................... Sanitation Teamsters, (fnd.4 11,500D e tro it.............................. Board of Education Teachers (AFL-CIO) 11,250New Y o rk .......................... Board of Education-School Lunch State, County and Municipal Employees (AFL-CIO) 11,200Ba ltim ore .......................... Public Works State, County and Municipal Employees (AFL-CIO) 11,000

See footnote 1, table 1.


Table 5. Union affiliation and type of organization in municipal agreements in cities with populations of 250,000 and over, by occupational group and government activity, 19701

Occupational group and government activity

A ll unions and associations

Unions


Combination of AFL-CIO

and IndependentAgreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

O C C U P A T I O N A L G R O U P

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183Blue-collar or manual crafts 119 133,668 96 105,665 14 19,209 1 850 8 7,944Professional or technical . . 68 210,889 21 157,800 47 53,089Clerical ............................ 11 10,850 7 8,600 4 2,250Police and f ir e .................. 46 57,424 26 31,624 1 1,200 19 24,600Blue-collar and clerical2 . . 8 5*016 6 1,966 1 2,050 1 1,000Professional and clerical . . 5 14,200 4 7,700 1 6,500Blue-collar and professional 3 2,200 2 1,850 1 350Blue-collar, clerical,

professional, or technical 15 20,170 13 18,870 1 200 1 1,100Occupation not given . . . . 11 159,073 9 156,373 2 2,700

G O V E R N M E N T A C T I V I T Y

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183Police2 ............................ 22 26,674 2 874 1 1,200 19 24,600F ire .................................. 25 30,824 25 30,824Education ........................ 79 246,700 44 189,830 3 490 32 56,380Puhlic w e lfa re .................. 1 350 1 350Public works - maintenance

of buildings and roads . . 28 7,884 19 5,574 5 1,960 4 350San ita tion ........................ 14 18,080 10 6,421 4 11,659Housing au tho rity ............ 13 7,092 11 1,892 2 5,200Transit systems and

authorities.................... 22 65,441 20 61,841 1 100 1 3,500Port authorities................ 3 629 3 629Turnpike and tollbridge !

authorities.................... 1 100 1 100Public utilities: water,

electric & g a s ................ 11 2,266 10 2,222 1 44Recreation facilities ........ 2 650 1 550 1 100Public health: hospitals

and clinics .................... 19 7,946 5 5,510 14 2,436L ib ra ries.......................... 9 5,136 7 4,884 2 252Legislative, judicial &

administrative functions . 7 8,131 1 10 6 8,121Citywide activities............ 30 185,587 24 178,937 1 350 2 2,900 3 3,400

*See table 1, footnote 1. 2 Includes one police agreement covering civilian, blue-collar,and clerical employees.

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Table 6. Municipal agreements and worker coverage in cities with populations of 250,000 and over, by contractduration, union affiliation, and type of organization, 19701

Contract duration A ll unions and associations

Unions


Combination of AFL-CIO and Independent

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total ...................... 286 613,490 184 490,448 17 20,959 2 2,900 83 99,183

Less than 12 m onths........ 20 23,514 10 12,270 * > 10 11,24412 months........................ 64 106,112 37 70,821 6 319 21 34,97213 through 23 months . .. 25 25,212 12 14,457 • • • # 13 10,75524 months........................ 78 139,329 52 101,254 2 5,400 1 850 23 31,82525 through 35 months . .. 29 55,740 18 39,490 5 14,475 . . . . 6 1,77536 months........................ 53 239,448 45 237,771 3 615 5 1,062More than 36 months . . . . 5 5,450 3 2,900 1 150 1 2,400Duration undetermined .. 12 18,685 7 11,485 1 2,050 4 5,150

*See table 1, footnote 1.

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Chapter 3. Agreement Provisions

Administrative provisions

Recognition. Government agreements, like their nongovernment counterparts, invariably contain language in which the municipal employer sets the status of the employee organization by recognizing it as a bargaining representative.1 These provisions vary in the scope of the bargaining unit which they define; that is, the kinds of employees, occupation, or functions covered. For example, a citywide agreement simplifies the bargaining relationship for city management but concentrates bargaining power in one organization. On the other hand, single agency agreements may disperse employee organization power to the extent that different unions and associations are recognized, but this process complicates bargaining and can lead to several negotiating crises at different times during the year. Cities have followed both courses, and considerable literature on the “paper bargaining unit” has come into being. In the first illustration, a citywide unit excluding certain part-time and temporary employees was recognized and in the second, one city department (fire protection) was certified:(1) The city hereby recognizes the respective unions as

the exclusive collective bargaining representatives for the purposes stated in Chapter 108, Extra Session, Laws of 1967 of the State of Washington of all employees employed within the bargaining units defined in appendixes A through R to this agreement. This shall include all full-time employees and all regular part-time employees while they are employed in such unit, but shall exclude temporary and other part-time employees.

(2) WITNESSETH:

That for and in consideration of the sum of $ 1 and other good and valuable consideration each to the other in hand paid, the receipt whereof is hereby acknowledged, it is agreed:

The city in the manner provided in Florida Laws hereby recognized the Union as the representative of all Firefighter members of the Fire Department of the City with the exception of the Chief, for the purposes of bargaining with respect to wages, hours of work and working conditions.

Union security. At this point in the development of city collective bargaining, union security arrangements are not common. In large measure this lack of arrangements

may be due to the widely held view that “compulsory unionism” is incompatible with the image that public service at all times must be open to all qualified citizens. Many jurisdictions have held the union shop and similar arrangements to be illegal.

Fewer than one-third of all municipal agreements studied contained union security provisions. (See table7.) The ratio of such provisions to total agreements reached 50 percent only in New England and the East South Central States. The East North Central region accounted for the largest number but only 39 percent of the contracts for these States.

Most union security arrangements in the study covered blue-collar workers. These accounted for more than half of the provisions. (See table 8.) To some degree, this concentration resulted from the large number of blue-collar agreements in the study, but the proportion of blue-collar contracts with union security provisions exceeded the average found for the whole study. Transit contracts, citywide agreements and public health contracts, in that order, had the highest proportions of union security arrangements. Education had the fewest proportionately, followed by police, fire and public utilities agreements. Union security provisions were found most frequently in cities with populations of 1 million or more, including Philadelphia, which pioneered in such arrangements. (See table 9.)

In selecting forms of union security, city bargainers

tended to compromise between no union security and its strongest legal form, the union shop, by agreeing to agency shop arrangements. A popular provision in Canadian collective bargaining, the agency shop has not gained adherents in the United States in nongovernment agreements.2 In the present study, however, over two-fifths of the union security provisions (39) involved

'So common are these provisions that the Bureau has not tabulated them.

2A 1971 BLS study of 620 agreements covering 2,000 workers or more each found only 23 agency shop provisions, or about 3.7 percent of all agreements studied and 4.4 percent of agreements with union security provisions. See Characteristics of Agreements Covering 2,000 Workers or More (BLS Bulletin 1729. 1972).

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the agency shop. (See table 9.) Under such arrangements all employees in the bargaining unit who do not join the union or association pay a fixed amount monthly, usually the equivalent of dues, as a condition of employment, to help defray employee organization expenses in acting as bargaining agent:(3) The parties recognize that this is an agency shop

agreement, and in accordance with such, it is understood that each employee who is a member of the bargaining unit hereinabove defined, but is not a member of Local 1071, shall be liable to contribute to the said Local as representative costs, an amount equivalent to such dues as are from time to time authorized, levied and collected from the general membership of said Local. The City agrees to deduct an amount equal to the normal monthly dues paid by members of the association from the earnings of each of said employees so covered by this agreement.

One agency shop arrangement required employees to pay the costs incurred in contract bargaining and administration only, rather than the full amount of union dues:(4) . . . to assure that employees covered by this

Agreement shall be adequately represented by the union in bargaining collectively on questions of wages, hours and other conditions of employment, the Collector- Treasurer of the City shall deduct from each payment of salary made to each such employee during the life of this collective bargaining agreement and pay over to the Union, the exclusive bargaining agent of such employee, as an agency service fee, the sum of 99 cents per week, which amount is proportionately commensurate with the cost of collective bargaining and contract administration. . . .

The following agreement was exceptional in that the payment to the union was voluntary:(5) In keeping with the principle that employees who

benefit by the agreement should share in the cost of administering the contract, the parties agree that any present or future employee who is not a union member, or who does not make application for membership, may pay to the union each month a service charge as a contribution toward the administration of this agreement in an amount equal to the regular monthly dues.

In another agreement, adoption of an agency shop during the life of the contract was conditioned upon the city signing a union security arrangement with any other organization:(6) AGENCY SHOP. In the event that the City

enters into an agreement with any labor organization with which it engages in collective bargaining and such agreement provides that as a condition of employment that those employees shall work under either a union shop or an agency shop the following language shall become effective: Each employee covered by this agreement shall,

after 30 days of employment and as a condition of employment, pay to the union each month as a service charge, a contribution toward the administration of this agreement in an amount equal to the regular monthly dues of the Portland Firefighters Association. Employees who fail to comply with this requirement shall be discharged by the employer within 30 days after receipt of written notice to the employer from the Union.

About one-fifth of the union security provisions called for maintenance of membership. Under this arrangement, only employees who are members of an employee organization at the time the agreement is negotiated, or who voluntarily join subsequently, are required to remain members for the duration of the agreement:(7) All permanent employee(s) who are members of

the union at the time of the execution of this agreement will remain as members of the union for the duration of the agreement as a condition of continued employment.

All permanent employee(s) who are hired, in the classifications of employment covered by this agreement, subsequent to the execution of this agreement who elect after completion of their probationary period to become members of the union will as a condition of continued employment remain as members of the Union for the duration of the agreement.

The stronger forms of union security in total had less effect on employee coverage than did the agency shop and maintenance of membership. Indeed, union shop provisions were found in only one-fourth of the municipal agreements having union security arrangements. Such provisions as were found required all employees to become members of the union within a specific time period (usually 1 month):(8) UNION SECURITY

It shall be a condition of employment that all employees of the “Employer” covered by this agreement who are members of the “Union” in good standing on the effective date of this agreement shall remain members in good standing, and those who are not members on the effective date of this agreement shall, on the 31st day following the effective date of this agreement, become and remain members in good standing of the union. It shall also be a condition of employment that all employees covered by this agreement and hired on or after its effective date shall, on the 31st day following the beginning of such employment, become and remain members in good standing in the union.

Modified union shop provisions which permit certain employees to remain outside the union were the least frequent. Under this provision, the modified union shop becomes a union shop by attrition of nonunion employees:(9) All employes coming within the scope of this

agreement who were members in good standing of [the

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Union] as of November 30, 1962, or who became or become members in good standing after that date, as well as employes in any new classification that may be added to the scope of this agreement who are members of [the Union] at the time of the inclusion of such classification, shall maintain their membership in good standing in [the Union] during the life of this agreement as a condition of employment with the Authority in the work covered by this agreement. All new employes hired by the Authority coming within the scope of this agreement shall become members of [the Union] within 30 days from the date of hiring and shall maintain membership in good standing in [the Union] as a condition of continued employment with the Authority in the work covered by this agreement.

Dues checkoff. In contrast to the low prevalence of union security provisions, dues checkoff clauses were widespread. Over three-fourths of the city agreements studied permitted the deduction of dues and other fees and assessments from employee wages. (See table 7.) The only area of the country with a proportionately low incidence of dues checkoff clauses was the Pacific region. Agreements covering white-collar occupations (i.e., professional, technical, and clerical) had a slightly higher frequency of dues checkoff provisions than blue-collar agreements. (See table 8.) Most government activities registered high frequencies, including education which had a low prevalence of union security arrangements. (See table 8.) The proportion of police agreements having dues checkoff (68 percent) was less than for fire agreements (72 percent). Both had low proportions of agreements with union security provisions.

Checkoff provisions have several common features. First, the employee must present a written authorization, duly signed to save the employer from subsequent charges of unlawful deduction. Second, if the employer is charged with wrongful or illegal deductions, then the clause usually provides that the union will safeguard the employer. Third, the authorization is usually effective for 1 year and renewable automatically. And fourth, checkoff authorizations may be revoked, generally at the end of the authorization’s effective date. In the following illustrations these features appear. In the first, the scope of deductions also extends to initiation fees as well as dues, and the city is limited specifically to making deductions only for the certified bargaining agent. Challenging employee organizations, in effect, must fend for themselves:

(8) Asa convenience and service to its employees, the employer will honor the written requests of individual employees to have their union dues checked off monthly from their regular pay, subject to the following conditions:

Such checkoff authorization shall be made by the individual employee. Subject to the conditions herein contained, it shall be the policy of the Employer to honor no dues checkoff authorization for any other collective bargaining group purporting to represent any of the employees in a unit, division, department or craft, during the period that the accredited collective bargaining agent is so recognized.

The Employer will deduct from one pay of each month the union initiation fees and dues for that month for such members of the union in the bargaining unit who have signed authorization cards directing and authorizing the employer so to do, and which cards conform to the Labor Management Relations Act, 1947. The amount so deducted shall be paid over to the union by the employer comptroller within 10 working days after the deduction is made. Any authorization card to be effective must be delivered to the employer comptroller 10 working days before the pay day on which it is to be effective. If an employee or employees should at any time contend that the employer acted wrongfully or illegally in making a checkoff of initiation fees or dues, the union or employee organization will defend and protect the employer against expense, repayments or losses on account of such contention.

(10) The Board will deduct from the pay of each teacher from who it receives an authorization to do so, the Federation’s annual membership fee in uniform dollar amounts. Such deduction will be made monthly in 10 equal payments. This authorization will remain in force from year to year unless revoked at the completion of any annual payment. Such revocation to be effective shall be submitted to both the Board and the Federation by certified letter at least 30 days prior to the final monthly payment of the annual Federation fee. The fees and a list of the teachers from whom they have been deducted and the amount deducted from each shall be forwarded to the Federation office no later than 30 days after such deductions were made. The Federation agrees to defend, indemnify and hold harmless the Board in connection with any cost or litigation arising out of the deductions made pursuant to this paragraph.

Provisions which stipulate that the city will be reimbursed for costs related to checkoff appeared in less than 9 percent of the agreements permitting checkoff. (See table 7.) In the first illustration, the union agreed to pay a service fee to cover the cost as determined by the employer. In the second, deductions permitting full cost to be reimbursed are made “at the union’s expense” :

(11) The library shall deduct from the wages of an employee who is a member of the union, and who submits to the library a written, personally signed authorization therefor, the monthly union dues as certified to the library by the Secretary of the Local anu shall remit the same to the union not later than the 15 th day of each month following such deduction.

* * * * *

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i or each such deduction made as authorized there may be charged by the library a sum determined by the Library as appropriate to the cost of it which will not exceed $.05.

(12) The present plan of voluntary union dues deduction, at the union’s expense, will continue in effect, except that the union shall provide its own payroll authorization cards, and that such authorized deductions shall remain in effect unless termination of dues notice is given in writing as prescribed on authorization card, maintained by the Payroll Division, and signed by the employee.

Management rights. A management rights clause sets forth those prerogatives which are reserved to the employer in whole or part for the length of the contract. Fundamentally, it is a summary of an understanding between the parties of those issues which remain solely under employer control and those issues which are subject to bargaining between the parties. The clause cannot stand alone as an indicator of what management can or cannot do, but must be read with the agreement in its entirety to determine which rights previously exercised by management unilaterally have been abridged. However, the clause helps an arbitrator reach decisions on issues on which the contract is otherwise silent.

Management rights provisions are more prevalent in city agreements (59.1 percent) than in private industry (48.5 percent)3 but less prevalent than in Federal agreements.4 (See table 7.) Contracts in the East North Central region contained the highest proportion of such clauses and accounted for over two-fifths of all management rights provisions. Agreements in public health, transit, public works, and city wide contracts, were the most likely to have management rights clauses. (See table 8.) The largest cluster of provisions was found in education, but these represented only 2 out of every 5 agreements, a rate of frequency well below the average for all agreements.

As in private sector agreements, clauses varied from brief general statements to detailed listings of specific rights. Both clauses cited specify that these rights are subject to definite provisions in the contract, and the second further stipulates that management will exercise its prerogatives in a nondiscriminatory manner towards union members*(13) Subject to this agreement and applicable law, the

city (and its Mayor and Police Commissioner) reserves and retains the regular and customary rights and prerogatives of municipal management.

(14) Except as otherwise provided in this memorandum, the Department in the exercise of its functions of management, shall have the right to decide the policies,

methods, safety rules, direction of employees, assignment of work, type of work, equipment to be used in the operation of the Department, and the right to hire, discharge, suspend, discipline, promote, demote, and transfer employees and to release such employees because of lack of work or for other proper and legitimate reasons. The exercise of these rights by management shall not be used for the purpose of discrimination or injustice against members of the union.

Management rights, in some municipalities, were governed by noncontractual regulations and were not specifically enumerated in the agreement. However, the incorporation into the contracts by reference gave them the status of negotiated prerogatives:(15) The Employer shall have all of the rights set forth

in Article I, Section 114, of the Baltimore City Code (1966 edition, as amended), Article 77, Section 142-144 the Annotated Code of Maryland, (1969 Replacement Vol.) and Article VII, Section 58-60 of the Baltimore City Charter, 1966 Revision, which provisions are incorporated herein by reference.

Antidiscrimination. As a rule, antidiscrimination clauses protected employees against bias because of race, creed, color, national origin, sex, age, marital status, or union membership. Many of the clauses were general policy statements barring discrimination by the union as well as the employer, as in the following provision:(16) In accord with Board policy, no person or

persons, departments or divisions responsible to the Board shall discriminate against any employee on the basis of race, creed, color, national origin, sex, marital status or membership in or association with the activities of the Rochester Teachers Association or any other teacher organization.

In accord with its Constitution, the Rochester Teachers Association shall admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex or marital status.

The policy statement is modified in the following illustration in that it prohibits discrimination only “whenever practicable”;(17) The employer agrees that there shall be no

discrimination or favoritism for reasons of sex, age, nationality, race, religion, marital status, political affiliation, union membership or union activities whenever practicable.

3 See Major Collective Bargaining Agreements: Management Rights and Union Management Cooperation, (BLS Bulletin 1425-5, 1966.)

4 Executive Order 10988, “Employee-Management Cooperation in the Federal Service,” set forth in Section 7 (2) that each basic or initial agreement negotiated shall expressly state rights reserved to management as expressed in the order.

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Some clauses stipulated that all persons were to be treated equally. In the clause which follows the union is made coequal with the municipality in assuring that the contract is applied on a nondiscriminatory basis:

(18) The provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, political affiliation or for any reason whatsoever. The union shall share equally with the city the responsibility for applying this provision of the agreement. . .

Among the 183 antidiscrimination provisions, fifteen applied the ban only to membership in the employee organization.

Activities o f employee organizations. Provisions specifying the rights of employee organizations and the duties of their elected representatives existed in a number of agreements. These provisions are in some respects the counterpart to management rights clauses. In general, they discuss rights accruing to the union or association and its representatives, and in addition, some duties are specified.

The most common of these clauses, found in over half of the agreements, provided the employee organization with its own bulletin board for posting notices, or provided the union or association with space on existing boards (See table 11.):

(19) The District will furnish bulletin boards at the various Divisions for the use of the [union]. At any location where there are two (2) Divisions, and they are under the jurisdiction of different locals of the union, the District will provide separate bulletin boards for each local. The union may furnish their own locks when desired.. . .

The Union will not post on bulletin boards any material derogatory to the District.

(3) It is agreed that the association may use city bulletin boards for the purpose of posting association notices to association members, provided that such notices shall be clearly identified as association notices.

Both of these provisions limited the use of the bulletin board. The first barred derogatory statements about the agency, and the second limited postings to notices o f the employee organization. Many clauses similarly limited its use in greater detail. Cleveland, for example, barred political and critical statements and required postings to have official signatures and to be removed instantly for violation, subject to the grievance procedure. In the second illustration, prohibited notices would cancel bulletin board use:

(20) The city shall provide the union with a bulletin board at mutually selected locations. Provided tha t-

a. no notice or other writing may contain anything political or critical of the city or any city official or any other institution or any employee or other person;

b. all notices or other materials posted on the bulletin board must be signed by the President or Chief Steward of the Union or any official representative of District Council 78;

c. upon request from the appropriate Commissioner or his designee, the union will immediately remove any notice or other writing that the city believes violates this paragraph, but the union shall have the right to grieve such action through the Grievance Procedure.

(21) ...P osted notices shall not contain anything political or anything reflecting adversely upon the city or any of its employees. Any union-authorized violation of this article shall entitle the city to cancel immediately the provisions of this article and prohibit the union further use of the bulletin boards.. .

In the following contract, postings were limited implicitly by statements regulating precisely those materials that may be displayed:

(22) The authority shall provide space on its bulletin boards for the posting of union bulletins, but use of such bulletin boards shall be restricted to the following purposes:

a. Notice of recreational and social activities.b. Notice of elections and results.c. Notice of appointments of union representa

tives.d. Notice of meetings.

In addition to the use of bulletin boards, a few agreements allowed the employee organization use of interdepartmental mail service. This privilege also was regulated closely, as in the next clause, which allowed the union to use these facilities only for official publications:

(23) T h e u n ion shall b e free to use the bu lle tin boa rd s in the buildings at which the members of the union report, using a reasonable part thereof to post items of interest and importance to members of the union, including union notices, etc., provided, however, such material shall not be political in nature, commercially advertise a private business, or reflect unfavorably on the members of the Board of School Directors or the administration. Materials must be submitted to the department head or principal before posting. The union shall also be permitted to use the Board mail delivery to send out notices of meetings, notices of social events and notices of elections. Such documents shall not contain political or religious statements or statements which would constitute an attack upon the administration or members of the Board.

Thirty-seven percent of the agreements spelled out the rules under which officers or accredited representatives of the organization could meet on the property of

13


the employer during working hours with members of the organization or management. The following provision allowed visits only for one specific purpose, required advance notice to management, and stipulated that the visit would not interfere with the performance of duties. In other cases, activities of the visiting representative and the steward were enumerated:

(2 4 ) A n o ff ic e r o r a ccred ited representative o f the associa tion shall, u p o n reasonable request b y the assoc ia tion , b e ad m itted t o the p ro p e rty o f the e m p lo y e r during w ork in g hou rs fo r the p u rpose o f d iscussing or assisting in the ad justm ent o f grievances . . . p rov id ed that they d o n o t in terfere w ith the p erform a n ce o f duties. E ach associa tion representative w ish ing t o b e ad m itted to the p rop erty o f the e m p lo y e r fo r this purpose shall n o t ify t h e a p p r o p r i a t e m anagem ent representative in a d v a n c e .. . .

(2 5 ) T he c ity agrees that during w ork in g hours, on its prem ises, and w ith o u t loss o f p ay , U n ion Stew ards or p rop erly designated u n ion representatives shall b e a llow ed to :

Investigate and process grievances.

P ost u n ion n otices .

S o lic it u n ion m em bersh ip during o th e r e m p lo y e e ’ s n o n w o rk in g tim e.

A tte n d n egotiating m eetings.

T ransm it co m m u n ica tion s , au th orized b y the loca l u n io n o r its o ff ic e r s , to the c ity o r its representatives.

C on su lt w ith the c ity , its representatives, lo ca l u n ion o ff ice r s , o r o th er u n ion representatives con cern in g the e n fo rce m e n t o f any p rov ision s o f this agreem ent.

Employee organizations were permitted to hold meetings on company time or premises in 20 percent of the contracts; the right to use the company premises was the more common of the two. The union often was required to pay the cost of custodial service and interference with work was to be avoided:

(2 6 ) T he F ed eration shall have the right t o use s ch o o l bu ild in gs, fa cilities and eq u ip m en t, pursuant to ex istin g p ractices and p o lic ie s , p ro v id e d that su ch use shall n o t in terfere w ith the regular s ch o o l program and p rov id ed that w h en any m eeting is h e ld in the evening and specia l cu stod ia l service is requ ired , the B oard m ay m ake a reason able charge th ere for . N o charge shall b e m ade fo r use o f s ch o o l room s b e fo re the c o m m e n ce m e n t o f the sch o o l d a y , n or until 4 :3 0 p .m .

Some contracts specifically forbade the use of company time for employee organization meetings or other business:

(2 7 ) l . N o u n ion m em ber o r o f f ic e r shall c o n d u c tany u n ion business o n c ity tim e e x ce p t as sp ec ified in this agreem ent or as au th orized b y the p rop er d epa rtm en t head , C ity L abor N eg otia tor , C ity P ersonnel D irector , or the L a b or P o licy C o m m ittee o f the C o m m o n C o u n cil

2. N o u n ion m eetin g shall b e h e ld o n c ity tim e.

Labor-management activities. A number of agreements established joint committees to deal with issues common to the union and city employer. These fell into two distinct groups: those which generally discussed any problems of common interest outside the grievance procedure; and those which involved one or two specific issues away from the pressures of the bargaining table.

The first, general joint labor-management committees, were found in 19 percent of the agreements. (See table 12.) To enhance communication, these provided for joint consultation on matters o f mutual interest, not otherwise defined. Clauses establishing committees typically stipulated that meetings would occur regularly, sometimes with an agenda of subjects for discussion, which would be circulated in advance. In addition, these clauses often established the size of the committee, provided for special meetings when necessary, and required written minutes. The following two illustrations were drawn from separate bargaining units within the same agency of the District of Columbia government, and show the variations that may be agreed on. The first set committee size at “a reasonable number,” and the second specified the exact number of committee members. The first excluded individual grievances from discussion; the second had no such provisions and both provided for special meetings. The first stated in explicit terms that meetings would be held on official time, the second did not have any provision, but could be interpreted as tacitly providing for official time. Both required published minutes:

(2 8 ) T he e m p lo y e r and the u n ion agree to m o n th ly m eetings o f the U nion -M anagem en t C o o p e ra tio n C o m m ittee as a m eans o f b e tte r com m u n ica tion s and understanding w ith b o th person n el and supervisory m anagem en t. In a d d it io n , the parties agree to specia l m eetings (o th e r than m o n th ly m eetings) w h en m utually advantageous. T h is co m m itte e consists o f a reasonable n u m b er o f representatives o f the u n ion and the em p loy er . S u b com m ittees fo r U nion -M anagem en t C o o p e ra tio n m ay b e established at lo w e r organ izational levels w h ere the need fo r su ch a chan nel o f com m u n ica tio n is agreed to . S u b ject m atter o f co n fe re n ce s w ill b e p rob lem s o f general, con ce rn to e m p loy ees . Indiv idual grievances w ill n o t b e a su b ject fo r d iscu ssion at these U n ion -M anagem ent co n fe re n ce s . H ow ev er , a p o licy that has resu lted o r c o u ld result in general increase o f grievance w ill b e con sid ered as a t o p ic fo r d iscu ssion .

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Such meetings will be held at a mutually agreeable time.At least 3 working days prior to the meeting, either party shall provide, in writing, specific discussion items which require research of the other party. No official notice is required for between-meeting consultations and they will be arranged at the convenience of both parties as soon as possible after the need is indicated. These meetihgs will be conducted during regular working hours on official time.

At the conclusion of these meetings, either party may request that a joint statement be issued on the unresolved subjects under discussion, the general position of the parties on these subjects, and the agreements reached during the session. Management will duplicate and furnish to the union at least one copy of the statement for each Union Steward and Bulletin Board.

(29) The employer agrees that representatives of the union in the unit and management will meet monthly on a regular basis for the purpose of reviewing and discussing the common interests in establishing and maintaining labor-management cooperation.

Other meetings will be held at the request of either party as the need arises, at times mutually agreed to, to confer on personnel policies and other matters affecting working conditions of employees in the unit.

A brief summary of the matters discussed and any understandings reached at all meetings as well, as the position taken by the parties in a disagreement will be prepared and initiated by both sides.

The employer agrees that the union may have present at meetings described in sections a. and b. of this article a maximum of three officers and/or stewards. In addition, the union may have present other officials of the union who are not employees of the D.C. Government.

The remaining provisions established a variety of committees to deal with specific issues. For instance, 12 percent of the agreements provided for joint safety committees. These provisions established committee composition and described the extent of the committee’s authority. The language in these clauses ranged from detailed provisions, as in the first illustration, to shorter, more general clauses as in the last two illustrations. In all three, the committees’ authority was limited and advisory or promotional in nature:

(30) The city and union agree to establish jointly a Safety and Health Committee consisting of an equal number of city and union representatives, the number of members to be agreed upon. This committee will advise management of all safety and health activities and will be expected to:

a. Make immediate and detailed investigation of each accident to determine fundamental causes.

b. Develop data to indicate accident sources and injury rates.

c. Make inspection to detect hazardous physical conditions or unsafe work methods and recom

mend changes or additions to protective equipment or devices for the elimination of hazards.

d. Promote safety and first-aid training for committee members and workers and participate in advertising safety and in making the safety program known to all workers.

e. Conduct regularly scheduled meetings at least once a month during working hours without loss of pay for the sole purpose of discussing accident prevention and developing suitable corrective measures.

(31) A Police Safety Committee, consisting in part of at least one member from each of the three Police organizations (designated by those organizations). This committee shall make recommendations to the Director of Public Safety and City Manager for consideration.

(32) . . . The municipal employer and the union shall establish a joint safety committee consisting of representatives of each party in each department for the purpose of promoting sound safety practices and rules.

Apprenticeship training committees were found in 11 agreements:(33) The city of Seattle, Washington Standards of

Apprenticeship developed by the city of Seattle Joint Advisory Apprenticeship Committee are hereby recognized. This conforms with the provisions of the city Charter.

Application of the standards and detailed procedures for the operation of the program, shall be worked out by the Joint Electrical Craft Advisory Committee, and be recognized as a part of this agreement.

(34) The parties hereto agree to establish a joint apprenticeship committee. The union and the authority shall each have two members, to be appointed immediately after the execution of this agreement. The joint apprenticeship committee will develop an indentured apprentice training program for first class mechanic, which will be registered with the California State Division of Apprenticeship Standards. The intent of the parties is to have said program developed and operational at or before the time the authority moves to its new service and maintenance facility. At the time of inauguration of said program, the incumbent second class mechanics will be reclassified to apprentice first class mechanic, with no reduction in wages.

An additional 15 agreements established one or more committees to deal with particularly vexing problems that had eluded resolution at the bargaining table. In the following provision, for example, a tripartite committee was established to resolve job evaluation problems on a case-by-case basis:

(35) Inequities-The inequity problem will be resolved by the creation of a Job Evaluation Review Board which will be structured as follows: Two members from the administration-two members from the union and one

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public member who shall be jointly agreed to. Membership on the Board may vary in order to provide adequate knowledge to deal with the specific evaluation being requested. The Job Evaluation Review Board will consider properly processed re-evaluation requests arising within the bargaining unit. It is the intent of the parties that the Job Evaluation Review Board shall continue during the life of this contract to meet problems not now foreseen as well as those presently recognized.

Most of the 15, however, were study committees designed to resolve problems outside the atmosphere of negotiations in areas such as wage relationships, health insurance, job evaluation, seniority, and the like. Committees could work without any deadline or could be required to report by a given date. Their findings were advisory in nature; final decisions were left either to the parties or to city management. Some committees examined a single problem and others, several issues. In the first illustration, four specific issues were to be studied, and in the second, one complex problem:

(36) Arrangements will be made to establish a joint union-management committee, consisting of three representatives appointed by the authority and three representatives appointed by Division 241 to study and submit recommendations regarding grievances, discipline methods, work rules and job posting procedures.

(37) The employer will establish an insurance committee and will include on that committee representatives of the organizations representing its employees in collective bargaining. It shall be the function of that committee to make a study of the health and welfare insurance benefits presently being provided to City employees to aid in a determination of which benefits and plans are of the greatest value to the greatest number of the city’s employees. In the event that the employer, after reviewing the findings of the committee, determines to change the type of plans or benefits available to its employees, it shall continue to pay the cost thereof provided that the benefit level is the same or substantially equivalent to the existing benefit level.

Under the following provision, Detroit and its police officers organization established two committees to study several issues: seniority, rotation of precinct assignments, and the service rating system:

(38) The union and the department each shall appoint three members and two alternate members to a study committee to review the seniority provisions of this agreement and proposals of each party for the modifications of such provisions. The committee shall consider also a rotation plan for personnel assigned to certain precincts, the intent being to afford all policemen the opportunity of serving in areas of the city presenting varying degrees of challenge to law enforcement and to prevent inequities resulting from prolonged assignment of some members to work presenting relatively greater exposure to danger. The study committee shall submit a report on a proposed seniority system to the com

missioner, no later than 6 months from the date this agreement becomes effective. Present seniority provisions of this agreement shall remain in effect until such time as an accord is reached on further modifications.

* * * * *

The union and the department each shall appoint three members and two alternate members to a study committee to review the service rating system to determine whether a more desirable system can be developed. The study committee shall submit a report of its findings to the commissioner within 6 months from the date this agreement becomes effective.

Another 17 agreements created committees to deal with professional issues pertaining to teachers about school operations, implementation of integrated education, building plans for new schools, vocational education, the extended work year, teacher recruitment, educational policy, and the like.5

Personnel actions

Decisions to promote, demote, or reduce the size of the work force traditionally have been part of city rules and regulations. Employee organizations have been able to achieve, in most instances, a voice in the proceedings or a right to appeal management decisions. In some situations, employee organizations have reduced existing procedures to contract language. Actions under these rules then are subject to agreement appeal rights.

Promotion. Promotion procedures, specified in more than half o f the agreements, varied greatly from simple statements o f factors in promotion to detailed clauses of specific steps. (See table 13.) In two illustrations, the role of seniority differed substantially:

(39) Promotion shall be by merit based on consideration of professional background and attainments, with length of service as only one of the factors to be reviewed.

(40) (a) The term promotion as used in this provision means the advancement of an employee to a higher position or the reassignment of an employee to a higher paying position.

(b) Whenever an opportunity for promotion occurs or a job opening occurs in other than a temporary situation as defined below, in any existing job classifications or as the result of the development of establishment of a new job classification, a notice of such openings shall be posted on all bulletin boards stating the job classification, rate of pay and the nature of the job requirements in order to qualify. Such posting shall be for a period of not less than 5 work days.

5 Illustrations appear in the general discussion of teacher provisions in the last section of this study.

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(c ) D uring this p eriod e m p loy ees w h o w ish to a p p ly fo r the o p e n p o s it io n , in clud ing e m p lo y e e s o n la y o f f , m ay d o so . T he a p p lica tion shall b e in w ritin g , and it shall b e su bm itted to the e m p lo y e e ’ s im m ediate supervisor.

(d ) T he em p loy er shall fill such jo b op en in gs or vacancies fro m am ong those e m p lo y e e s w h o have app lied o n the fo llo w in g basis:

1. S en iority is the m a jor fa cto r .2 . T h e e m p lo y e e has the ab ility to d o the

jo b .3. T he e m p lo y e e can learn to d o the jo b

w ith a reasonable a m ou n t o f training o f up to 30 w ork in g days.

(e ) A n o tice listing those em p lo y e e s w h o have app lied fo r the p os ition and the e m p lo y e e o r e m p loy ees selected fo r the p os ition shall b e p osted b y the em p lo y e r o n all bu lletin boa rd s w ith in 2 w o rk days o f the se lection b y the em p loy er and be p osted fo r a p eriod o f at least 10 w ork days.

Other clauses referred only to agency or other regulations on promotion, and by reference included them in the collective bargaining statement:

(4 1 ) W hen a vacan cy o ccu rs , o r a new jo b is crea ted , em p lo y e e s shall b e p ro m o te d or transferred in a ccord a n ce w ith the rules and regu lations o f C ivil Service and the c ity .

Forty-one percent of the agreements provided for the posting of opportunities for job promotions. Although a few only mentioned that jobs would be posted, most contained details of the posting and selection processes. For instance, the first illustration merely indicates that jobs will be posted and specifies how long the notice will remain. The second requires that the notice contain specific items of information, including duties, location, pay grade, and qualifications:

(8) If a vacancy, oth er than supervisors, o c cu rs , o r ajo b is created w h ich requires an e m p lo y e e under the re co g n itio n clause o f this agreem ent, n o t ice fo r b id shall b e p osted w ith in 24 h ou rs. S u ch n o t ice shall b e k ep t p osted fo r 7 2 h ou rs, ex clu d in g S undays and h o lid ays. During the p eriod o f postin g the e m p lo y e r shall have the righ t, w ith o u t regard to sen iority , to fill the p lace tem p ora rily .

(4 2 ) Suitable n o tice o f all vacancies w ith in the bargaining unit and resulting p ro m o tio n a l op p ortu n it ies and lateral transfer op p ortu n it ies w ill b e given to sta ff and to the a ssocia tion p ies id en t, and su ffic ien t tim e w ill b e a llow ed fo r em p lo y e e s t o advance their ca n d id a cy . N o t ice w ill be e ffe c te d b y postin g fo r 5 con secu tive w ork d ays o n suitable bu lle tin boa rd s th rou gh ou t the m ain and bran ch libraries. S uch n o t ice w ill in clude a d escrip tion o f the duties and lo ca tio n o f the p o s itio n in w h ich the vacan cy exists, together w ith its rank, title , pay grade, and the requisite q u a lifica tion s.

Nearly one-third of the agreements established the rate of pay that an employee would receive for temporary transfer to higher paying jobs (See table 13.) Most of these clauses required the employer to pay the standard rate o f the temporary job ; this payment was to begin immediately or within a few hours after the employee assumed the higher position. The following clause stipulated that the higher rate would apply after the employee has been on the job 6 hours. A transfer of more than 24 hours would be given to the top man on the promotion list:

(4 3 ) E m p lo y e e s required to w o rk tem p orarily at a rating higher than his regular p os ition shall be c o m pensated at the rate o f the higher p o s itio n i f he should w ork fo r 6 hours o r m ore at the higher rating. I f this be fo r m ore than 2 4 hou rs, the m an fro m the to p o f the established p ro m o tio n a l list on the sam e p la to o n fo r this p o s itio n shall b e taken , and sh ou ld he b e p ro m o te d , this tim e shall b e co u n te d tow ard his salary step p rogression .

Some contracts, however, required the employee to work in the temporary position for a longer period of time before the new rate became effective:

(4 4 ) A n e m p lo y e e se lected fr o m an ap p rop riate list to fill a tem p orary vacan cy in a higher c lassification shall receive a 5 p ercent increase o r the first step pay o f the higher classification w h ich ever is greater, a fter w ork in g 30 days cum ulatively in the higher classification w ithin the tw elve p reced in g calendar m on th s, and shall receive said higher pay w h ile acting in said h igher classification after said 30 days.

Demotion. Only 13 percent o f the agreements provided rules governing demotion. (See table 13.) Since demotion policies often are covered by outside rules such as civil service regulations, they remain an unabridged management right and therefore, are not referred to in the agreement. Demotion provisions were typically brief and contained few details. Some, however, established the right to grieve, defined the seniority status of demoted employees, or incorporated existing nonnegotiated rules:

(4 5 ) In the case o f a d e m o tio n o f a R egistered N urse to a lo w e r c lassifica tion , the c ity shall sh ow ju st cause fo r the d e m o t io n . T he d e m o tio n m ay be su b ject to the grievance p roced u re .

(4 6 ) D e m o tio n s :

(a ) W hen e m p lo y e e s are d e m o te d fro m o th er d ivisions o f the d epa rtm en t, n o t under the represen ta tion o f u n ion , th ey shall n o t be able to use then a p p rop riate sen iority until all open ings have been filled w ith m em bers presently un der the representation o f the un ion . T h e y shall then im m ediately c o m e under the a cce p te d transfer p roced u re wi th the fu ll ben efit o f their appropriate sen iority .

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(b) If an employee is transferred to a position under the department not included in the bargaining unit and is thereafter transferred again to a position within the unit, he shall have accumulated seniority while working in the position to which he was transferred.

(c) However, employees returning to the bargaining unit under the provisions of this section will be assigned a vacant position and will be allowed to exercise their full seniority in picking job assignments at the next regular job opening. Employees transferred or demoted under the above circumstances, shall retain all rights accrued for the purposes of any benefits provided for in the agreement.

(47) . . . reduction in pay or position shall be governed by the rules of the Board of Fire Commissioners and the Civil Service Commission . . .

Eight percent of the clauses allowed employees voluntarily to elect demotion during periods of reduction-in-force. This stipulation generally meant transfer to an existing vacancy rather than replacement of workers with less seniority:

(5) The term demotion, as used in this provision,means reassignment - not requested by the employee- from a position in one job classification to a lower paying position in the same job classification or in another job classification.

Demotions shall be made only to avoid laying off employees. In any case involving demotion, the employee involved shall have the right to elect which alternative he will take - the demotion or the layoff.

No demotion shall be made for disciplinaryreasons.

Some of these provisions spelled out the seniority rights accruing to the demoted worker:

(48) At the time of any layoff, a regular employee or a promotional probationer shall be given an opportunity to accept reduction to the next lower class in a series of classes in his department, or he may be transferred as provided by Rule 10:01 c (3), transfer in lieu of layoff.An employee so reduced shall be entitled to credit for any previous regular service in the lower class and to other service credit in accordance with the Service Credit Rule 9.

Layoff procedures. The growing financial plight of cities sometimes has resulted in drastic restrictions of municipal activities at the same time that desperate appeals for fiscal relief have been issued from mayors’ offices to State and Federal Governments. In some situations, layoff has moved from threat to actuality. Civil service regulations in most cities provided for orderly reduction-in-force (RIF) procedures long before

the advent of collective bargaining. As a consequence, references to layoffs are relatively infrequent.6

Provisions granting employee organizations an active role during reduction-in-force situations were negligible. The following example is typical in that it only required discussion of anticipated action with the union (See table 14):

(49) In the case of layoffs, seniority of employees in the City Service shall be recognized as a factor to be given substantial weight, together with other factors, in determining the order of layoff. When a layoff is contemplated, an opportunity for discussion shall be afforded to the appropriate union representatives prior to the issuance of the notices of layoff.

Almost 12 percent of the agreements stipulated that the union or association be given 1 week or more advance notice of any layoff except in emergencies. This action afforded the union the opportunity to confer with city management on ways of easing the effect on employees. At times, notice to both the union and employee was required.

(50) Except in emergency situations, employees to be laid off for an indefinite period of time will have at least 7 calendar days notice of layoff. The union shall receive a list of the employees to be laid off on the same date the notices are issued to the employees.

Occasionally, as part of the reduction-in-force process, workers were given displacement (bumping) rights. Bumping can occur either serially with many workers being affected, as in the first example, or bumping can be limited to the least senior employee and thereby minimize disruptions, as in the second illustration:

(51) An employee whose job is affected by a layoff or a job abolishment may bump into any job within the progression up to his position, whether or not he ever held the lower-rated job and/or any job all of whose duties are included in the job involved in the layoff or abolishment; provided the employee whose job is affected by a layoff or abolishment has more service with the city than the employee he is bumping. The procedure may then be followed by the employee so bumped until the last bumping procedure is completed. Representatives of the bargaining agent and the employer will jointly create a chart setting forth the jobs into which each classification may bump in the event of a layoff or abolishment.

6 For a discussion of provisions in private sector agreements, see Major Collective Bargaining Agreements: Layoff, Recall, and Worksharing Procedures, (BLS Bulletin, 1425-13,1972).

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(52) An employee to be laid off under . . . this section may exercise seniority to displace the employee with the least amount of seniority within his classification and term of employment subject to the provisions o f . . . this article. If he chooses not to exercise his seniority or cannot do so . . . he will be laid off; otherwise the displaced employee will be laid off.

The provision found most often but still appearing in only 28 percent o f the agreements, granted employees who are displaced through no fault of their own the right to be rehired in the inverse order in which they were laid off. (See table 14.) In the following clause, ability to perform the available work along with seniority was a factor in recall:

(53) When due to lack of work, it becomes necessary to layoff employees, the employee with the least seniority standing shall be the first to be laid off, provided such employees retained are capable of doing the work remaining. When employees are to be recalled, the first to be recalled shall be those last laid off provided, that such employees recalled are capable of doing the work then available.

Job security. Several miscellaneous job security provisions helped either to protect the employees from layoff or ease the hardships that resulted from reductions- in-force. Few agreements contained these provisions, again perhaps, because they are covered by city rules and procedures antedating collective bargaining. Some, like attrition clauses, are as rare in private as in public agreements, and as a practical matter, a policy of not filling vacancies may be adopted.

The most frequent of these provided for the training of employees. (See table 15.) The skills acquired through training could increase an employee’s value to the employer:

(54) The authority shall establish an in-service training program for the purpose of improving employee understanding and performance with respect to the employee’s present position, the objectives of the authority’s programs, and to prepare the employee for promotional opportunity. Successful completion of promotional training shall qualify all employees for promotion to the position for which trained, in accordance with this Article . . .

(55) All heavy equipment mechanics of the Fire Department shall be given the opportunity to attend a recognized fire equipment repair school or factory for special training. All members attending such a school shall receive their full salary while attending, and the city of Kansas City shall stand the cost of the school and out-of-town living expenses while in attendance as well as the cost of transportation from Kansas City and return.

With the adoption of the next pay plan there shall be established a new classification of fire equipment

mechanic, and persons who successfully complete the specialized schooling shall be reclassified.

A few agreements provided for tuition aid. In the following provision, payment of full tuition, books, and fees was contingent on 2 years of service following completion of course work:

(56) The city will pay for the full cost of all tuition, books and fees of all police officers attending and successfully completing police science courses leading to the degree of associate of Police Science; payment being made on the following schedule:

(a) One-half of all expenses above mentioned upon presentation of evidence of successful completion of individual courses.

(b) All such expenses previously unreimbursed to be paid in a lump sum upon completion of 2 years’ continuous service from date of receipt of the Associate’s degree.

Clauses that either prohibit the subcontracting of work or limit the circumstances where it could be used helped to protect the jobs o f employees. These clauses, however, were not significant in municipal agreements and appeared in only eight agreements:

(57) During the term of this agreement, the Board of Education shall not contract out or subcontract any public work performed by employees covered by this agreement that would mean the loss of time of any employee covered by this agreement, save in cases of emergency as determined by the Department Head.

Advance notice of technological changes and attrition arrangements were minimal in city agreements. The attrition arrangement in the second illustration protects employees in specific classifications only:

(58) The municipal employer agrees to supply journeymen and apprentices full opportunity to become proficient on all new equipment, machinery or processes which are a substitute for, evolution of, or which replace present equipment, machinery or processes and the union agrees to supply partially trained journeymen and apprentices for that purpose. The municipal employer will give the union sufficient advance notice of its intention to install any new equipment, machinery or processes to enable the contracting parties to implement the provisions of this section.

(59) The city shall have the exclusive right to eliminate through attrition the classifications of uniform fire dispatcher, fire lieutenant, fire prevention inspectors, drill master, and assistant fire marshal.

Hours, overtime, and premium pay

Scheduled hours; daily and weekly overtime. The number of hours constituting the normal daily or weekly

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work schedule was set forth in almost two-thirds of the agreements, and often served as the basis for defining overtime. (See table 16.)

(32) The regular workweek for full-time employees shall be 40 hours with respect to every person holding a position in schedule B of the City compensation Plan effective March 6, 1963, with an asterisk prefixed to the title of the position, 35 hours with respect to all other such persons. The regular workday for employees whose regular workweek is 40 hours shall be 8 hours, and the regular workday for employees whose regular workweek is 35 hours shall be 7 hours. The workweek shall consist of 5 days, Monday through Friday, inclusive, except for employees in continuous operations or on rotating shifts, and except for employees in departmental schedules which differ from the standard Monday through Friday type schedule such as, by way of example and not by way of limitation, in the Public Works Department and the Department of Health and Hospitals.. . .

Overtime payment usually was specified after a certain number of daily or weekly hours had been worked (both found in approximately 38 percent of all agreements):

(17) Time and one-half the employee’s regular hourly rate of pay shall be paid for work under any of the following conditions:

All work performed in excess of 8 hours in one day. ..

(60) Except as otherwise provided herein, the regular workweek for regular full-time employees will be 40 hours, and all hours worked in excess of 40 in 1 workweek will be paid for at the rate of time and one-half (lVfc). Provided, however, that, consistent with the provisions of the Federal Fair Labor Standards Act, the hospital may schedule employees who work in special care departments (e.g., operating room) for 80 straight time hours of work over 2 workweeks so long as such employees receive time and one-half i\Vi) for all hours worked in excess of 80 in 2 workweeks, time and one-half (IV2) for all hours worked in excess of 8 in 1 workday, and 4 days off during the 2 workweeks.

Regulation o f overtime. Twenty-seven percent of the agreements which govern the scheduling of overtime provided for its equal distribution. (See table 16.) In some, however, the requirement was made that the employee be able to perform the job:

(61) Insofar as is practical, overtime will be divided equally among employees within a classification in which overtime is needed. If the employee within the c’assifica- tion next entitled to overtime is not qualified to perform the work for which overtime is needed, then the qualified person within the classification next entitled to overtime will be granted the overtime work.

Approximately 16 percent o f the agreements specifically granted employees the right to refuse overtime. In the following example, an employee could

refuse overtime except in an emergency without fear of discrimination. However, a record of hours refused was kept and posted:

(24) Overtime work shall be voluntary except in the event of an emergency. There shall be no discrimination against any employee who declines to work overtime, except in the event of an emergency, but a record shall be kept for each employee and posted, showing the number of hours of overtime he refused to work.

Compensatory time, that is, the granting of time off rather than overtime premium pay, was banned specifically in 18 percent of the agreements. (See table 16.)

(62) Employees working overtime Sundays and holidays shall be compensated two times hourly rate. Employees who work in excess of the normal 35 hour workweek shall be compensated on the basis of 1 1/2 times the hourly rate. No compensatory time, will be given for overtime work.

A few agreements, however, permitted compensatory time off or overtime pay at the option of the employer:

(37) Overtime at the rate of 1-1/2 times an employee’s established hourly rate as set forth in schedule A, exclusive of shift premium, shall be paid for all work performed outside of or in excess of an employee’s established shift hours and on the employee’s 6th and 7th day of work in any week and on holidays other than those falling on Saturday, provided, however, that the employer may compensate for such overtime by time off at a time mutually agreed upon at the rate of 1-1/2 hours off for each hour of overtime (to a maximum of 40 hours in 1 year) worked.

Weekend work. Premium pay for work on Saturday or Sunday, normally nonwork days for many civil servants, was specified in less than one-fifth of the contracts. (See table 17.) In both examples, employees are guaranteed a minimum number of hours at the premium pay rate:(35) For regularly scheduled employees (Monday-

Friday), Saturdays shall be compensated at the rate of time and one-half provided such employees have been credited with 40 hours straight-time pay in the scheduled work week. A minimum of 4 hours at the time and one-half rate shall be guaranteed to such employees.

(63) Employees who are required to work on Sunday shall be paid double time for such work and shall receive not less than 4 hours’ work.

Only 11 percent of the agreements provided for premium pay for work on the sixth or seventh consecutive day of work. Such provisions applied to employees on continuous operations:

(64) Time and one-half the employee’s regular hourly rate of pay shall be paid for work under any of the following conditions: . . .

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If an employee (continuous operation employee) works more than 6 consecutive days he/she shall receive double time for the 7th consecutive day worked every day worked thereafter.

Holidays worked. Premium pay for work on holidays was provided in nearly 45 percent of the agreements studied. This frequency was surprisingly large for such matters usually were established by municipal legislation or administrative promulgations.7 In the following illustration the employee working on the holiday received time and one-half plus holiday pay, or double time and one-half:

(65) All work on a holiday for employees who are otherwise eligible for pay on a holiday shall be paid at a time and one-half pay rate in addition to the holiday pay.

Wage provisions and allowances

Wage adjustments. Although many agreements are shorter in duration in municipalities than in private industry, many contracts were still sufficiently lengthy to require adjustment of wages during the contract term. (See table 18.) Agreements of 2 years or more were more likely to have wage adjustment provisions than agreements of shorter duration. Deferred wage increases, provided automatically usually at the contract’s anniversary date, were included in 52 percent of the agreements. Agreements with deferred increases paralleled city size. Thus, cities o f 1 million inhabitants and over were most likely to include deferred wage increases in their contracts; cities of 250,000 to 499,999 population were least likely. (See table 19.) In some cases percentage increases were given as in the first illustration; in other cases, fixed amounts as in the second illustration:

(54) The authority shall, effective January 14, 1969 (or the beginning of the first payroll period next following this date), increase the compensation of all employees covered by this agreement, in addition to any other provisions, in the amount of 7.5 percent of salary rates then in effect.

Effective January 1,1970 and January 1,1971 (or the beginning of the first payroll period next following these respective dates), the authority shall increase the compensation rates of all employees covered by this agreement in additional amounts of 7.5 percent.

(66) Newly hired and promoted employees start at base rate of the classification and progress to classification rate after 6 months. All classification and base rates shall

7 See p. 29 fo r a d iscu ssion o f h o lid a y p rov ision s in c ity agreem ents.

be increased 24 cents and 27 cents per hour in years beginning July 1, 1971, and July 1, 1972, respectively.

Cost-of-living adjustments, provided for in escalator clauses which relate wage levels to living costs as measured by a price index, typically the Bureau of Labor Statistics Consumer Price Index, were found in only 17 percent of the agreements. (See table 19.) The objective of such a provision is to maintain the purchasing power of money wages during the term of the agreement. One agreement gave the union the option of accepting the cost-of-living increase or an agreed on deferred increase:

(67) In the event the cost-of-living increases more than 7 percent in the period beginning on March 1,1969 (base 124.6) and ending on February 28, 1971 the wage rates shall be increased on the basis of 1 cent per hour for each .5 point or major fraction thereof, rise in the cost-of-living over 131.6 as reflected in the Consumers Price Index for Urban Wage Earners and Clerical Workers, Bureau of Labor Statistics, U.S. Department of Labor monthly report using U.S. Survey. If the Bureau of Labor Statistics Consumer Price Index in its present form and method as calculated shall be revised or discontinued, the parties shall request the Bureau of Labor Statistics to provide an appropriate conversion of the allowance which shall be applicable as of the appropriate allowance date and thereafter.

(68) During the period from the first day of July, 1969, to the 30th day of June, 1970, the city agrees to increase each salary grade by a percentage equal to the percentage of increase in the national Cost-of-Living Index as shown by the average of the 12 monthly reports of the United States Bureau of Labor immediately preceding July 1, 1969; or, at the option of the union, instead of the cost-of-living increase, the employees represented by the union shall be paid an additional 2 percent of their salary during the second year of this agreement.

Clauses that allowed the contract to be reopened for renegotiation o f wages or specific issues were found in about one-fourth of the agreements. (See table 19.) The advantage of wage reopeners over deferred increases lay in the ability of the parties to negotiate wages tailored to conditions existing at the time o f the reopener. Most of these reopeners were limited to wages:

(69) Either party to this memorandum of intent reserves the right to reopen Article XVI (Wages) for the purpose of renegotiating wages for the period October 1, 1971 through September 30,1972, by notifying the other party in writing at least 10 days prior to June 1, 1971.

Certain nonwage matters were the subject of reopeners in 11 agreements. Some contracts permitted negotiations on any noneconomic subject. Others allowed reopenings on specific items, such as pensions:

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R e o p e n in g o f con tra ct

(7 0 ) It is agreed b y and b e tw een the parties h ere to that • this agieem ent m ay be reopen ed o n o r a fter Ju ly 1, 1969 fo r the purposes o f consid ering any n o n e c o n o m ic m atters and issues w h ich m ay have arisen b y that d ate .

(7 1 ) T he au th ority shall ap p o in t a co m m itte e to investigate the p ossib ility o f an in itia tion o f a retirem ent pension plan fo r e m p lo y e e s cov ered b y the term s o f this agreem ent. T his agreem ent m ay be reop en ed at any tim e during the term , fo r the so le and exclu sive purpose o f n egotia tion o f a pen sion p lan , at the request o f said co m m itte e .

Thirteen agreements stipulated that area wage surveys would be conducted either to adjust current wages or serve as a basis to set future wage rates. (See table 19.) Eight of these provided for union participation in the area wage survey. In the first example, the union was limited to submitting comments and recommendations. In the second, union and city shared equally in approval:

(7 2 ) T he u n ion and a u th ority agree that the au th ority has the resp on sib ility to establish pay rates based u p on the prevailing rates in the area. F urth er, the parties m utually recog n ize the u n io n ’ s con ce rn regarding data relating to classifications co v ered b y this agreem ent. T h e au th ority w ill p rov id e the u n ion w ith all n o n co n fid e n t ia l salary data u p o n request. T h e u n ion m ay m eet and co n fe r or subm it co m m e n ts , suggestions o r recom m en d a tion s fo r con sid era tion b y the a u th ority p rior to the a d o p tio n o f new salary schedules.

(7 3 ) In ord er to im plem en t the c ity ’ s p o licy tow ard p aying prevailing rates, the c ity agrees to determ in e a prevailing rate b y a survey o f rates paid fo r licensed first class op era tin g engineers w h o are assigned as sh ift or w atch engineers and first class refrigeration equ ipm en t operators, and computing a weighted average based on the nu m ber o f em p lo y e e s surveyed in the respective classes. . . .

W hen the rates fo r the a b ove classes are d eterm in ed each year, they shall b e ap p rov ed b y the c ity and the u n ion . A n y cla im ed error in the c o m p u ta t io n o f the rates m ust b e m ade w ith in 30 days o f the d ate o f approval b y the c ity and the u n ion to e ffe ctu a te a c o rre c tio n .

Job classification and reclassification. As opposed to adjustments in wages for groups of employees or all employees in a city agency, job classification and reclassification procedures permit changes in individual job rates when the job or jobs have been modified substantially or newly established. Thus, new rates can be established for difficulty of work, skills required, responsibility, and so forth. These new jobs and their rates then can be slotted into the existing wage structure. Provisions for the classification and reclassification of jobs were found in 22 percent of the agreements, and were negotiated in agreements primarily

dealing with blue-collar workers. (See table 20.) Three- fourths of these agreements left classification matters to unilateral management determination, but more than half of these granted the employee organization the right of appeal. At times, such appeals could be arbitrated but often they were resolved only by a higher management authority:

(7 4 ) I f substantial changes in the m e th o d o f o p e ra tio n , to o ls , o r eq u ip m en t o f a j o b o c cu r , o r i f a new jo b is established w h ich has n ot b e e n p rev iou sly classified , the w age rate fo r such jo b shall b e determ in ed b y the O ff ic e o f Personnel A d m in is tra tion . B efore p u ttin g such rate in to e f fe c t , the O ff ic e o f P ersonnel A d m in is tra tion w ill p ro m p tly n o t ify the u n ion in w ritin g , bu t o n ce this is d o n e , the c ity m ay put the rate in to e f fe c t w ith o u t any further d e lay . T h ereafter, the u n ion can file a grievance o n the single issue o f w h eth er the rate established b y the O ff ic e o f P ersonnel A d m in istra tion is reason able o r unreasonable , and , i f the grievance is su bm itted to a rb itration , the arbitrator shall have the a u th ority to set a n ew rate i f he d eterm in es that the rate set b y the O ff ice o f P ersonnel A d m in istra tion is unreasonable.

(2 9 ) A j o b classification com p la in t is an e m p lo y e e ’ s request fo r review o f the title , c o d e o r grade o f his jo b at the activ ity level. A n y e m p lo y e e m ay in itiate a jo b classifica tion com p la in t throu gh his representatives. Such request w ill b e su bm itted ora lly to the appropriate supervisor w h o w ill m eet p ro m p tly w ith the em p lo y e e and the u n ion representative to discuss the m atter and exp la in the basis u p o n w h ich the jo b has been evaluated .I f the m atter is n o t satisfa ctorily settled at this level, the u n ion m a y , at the e m p lo y e e ’ s request, file a com p la in t in w riting w ith the D ivision C h ie f. I f the m atter is n o t reso lved , the com p la in t can b e filed w ith the A ssocia te D ire cto r , and then to the D irector o f Sanitary E ngineering. I f the m atter is still n o t reso lved , then the w ritten complaint is referred to the District of Columbia Central P ersonnel O ff ic e . T h e P osition C lassifica tion Specialist in the P ersonnel O ff ic e w ill m eet p ro m p tly w ith the parties in vo lved to d iscuss the m atter. In fo rm a tio n used to arrive at a d e cis io n w ill b e m ade available to the e m p lo y e e and the u n ion representative.

A n appeal m ay b e m ade b y the e m p lo y e e (s ) regarding the correctn ess o f his present t itle , series c o d e , and grade to the C entral W age B oard C o m m itte e a n d /o r the C ivil Service C om m ission . S u ch an appeal m ust b e in itiated w ith in 15 d ays o f the date o f the d e cis io n o f the com p la in t.

One-fourth of the agreements stipulated that the employee organization would participate to some degree in making necessary job classification decisions. (See table 20.) The first illustration allowed only consultation, and the second provided the employee organization a greater degree of involvement and permitted recourse to third party advisory arbitration:

(7 5 ) T h e c ity agrees that it w ill con su lt w ith the a ssocia tion regarding o th er j o b classifications w h ich it

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m ay later establish or change as to salary grades and rates o f com p en sa tion th e re o f.

(7 6 ) Job reevaluation - W ithin 60 days o f con tract ap p roval, a com m ittee w ill b e established to review jo b inequities. I f the parties can n ot reach a m utual agreem ent, the issues m ay b e su bm itted to advisory arb itration . T he d ecis ion o f the arbitrator w o u ld then b e recom m en d ed to the Civil Service C om m ission a n d /o r the B oard o f E d u ca tion fo r their con sid era tion .

Shift differentials. Approximately 30 percent of the agreements studied provided for a differential for evening and night work:

Agreements EmployeesAll agreements....................................... 286 613,490Establishing shift d ifferentials........... 87 292,891No shift d ifferentia ls ............................ 199 320,699

These were scattered among those activities which are in operation around the clock, such as transit systems, fire protection, and hospital services. Differentials were paid either as an hourly add-on, a salary increase, or a percent increase above day rates:

(4 6 ) A prem ium o f 15 cents per h ou r shall b e paid fo r all hours actually w ork ed in any regularly assigned daily a ftern oon shift w h ich co m m e n ce s at the hou r o f 11 a.m . or b etw een the hour o f 11 a .m . and 1 p . m .

A p rem ium o f 20 cents per h ou r shall b e paid for ail hours actually w ork ed in any regularly assigned d aily night sh ift w h ich co m m e n ce s at the hou r o f 7 p .m . or be tw een the hours o f 7 p .m . and 4 a .m . inclusive.

(7 7 ) T he parties herein recogn ize the financial d i f ference in sh ift pay and all paym en ts shall b e m ade in accord an ce w ith the fo llo w in g sch ed u le :

Registered nurse Practical nurse3 p .m .-11 p.m............... $1,200 $ 9004 p.m. -1 2 m ..............1 1 p .m .- 7 a.m............... 1,500 1,12512 m - 8 a. m...................

(7 8 ) E ffe ct iv e January 1, 1 9 6 9 , a d ifferen tia l o f 5 percent per cen tum shall b e paid to all fire o ff ice r s fo r w ork actually p erform ed b e tw een the hou rs o f 4 p .m . and 8 a .m . on a regular night sh ift and to th ose fire o ff ice r s assigned to rota tin g tours o f d u ty fo r w o rk actually p e rform ed b etw een the hours o f 4 p .m . and 8 a .m . It shall not be ap p licab le to F ire O fficers w h o are regularly assigned to d a y tim e tours o f d u ty e x c e p t w h en such fire o f f ic e r is ordered to w ork a night sh ift.

Mileage allowances. In one-fourth of the agreements, city employees whose work required them to travel to various locations were authorized to receive a mileage allowance. (See table 21.) As the following illustration indicates, authorization of such payments could become enmeshed in the legislative process:

(7 9 ) E m p loy ees w h o are required to use their personal a u tom ob iles o n c ity business w ill b e reim bursed at the

rate o f 10 cents per m ile. H ow ever, this a llow ance w ill not take e ffe ct until the ex istin g ord in an ce relating to such reim bursem ents has been am end ed and a system o f c o n tro ls has b een in trod u ced .

Travel pay. Only about 6 percent of agreements provided for payment for time spent traveling to or from work:

(8 0 ) O p erators requ ired to report to the Legal D iv ision , atten d cou rt fo r the d epa rtm en t, o r the C ity o f D etro it , or to be deta in ed at the term inal, shall be paid the regular w age rate plus travel tim e, and less w itness fees. T im e so con su m ed shall n o t result in financial losses to op era tors .

(8 1 ) T he nature o f the p ro fession a l responsibilities o f specia lized services person n el requires traveling betw een bu ild ings o r co m m u n ity agencies. It is u n d erstood that th ey are o n d u ty at all tim es w h ile traveling o n sch o o l d istrict business.

Clothing allowances. Special clothing, uniforms, or protective devices usually were paid for or maintained by the city when they were considered necessary to safe or efficient performance of the employees’ duties. These clauses, providing for clothing allowance or their maintenance, were found in 39 percent of the agreements and applied largely to police, fire, and blue-collar workers. (See table 21.):

(8 2 ) T he B ranch agrees to furnish ap p rop riate p ro te c tive c lo th in g and equ ip m en t necessary fo r the p e r fo rm ance o f assigned w o rk . T h e un ion m ay , at its d iscre tion , recom m en d new p ro tectiv e clo th in g and equ ipm en t and m o d ifica tio n s to ex isting equ ip m en t fo r con sid era tion b y the B ranch.

(2 1 ) E ach e m p lo y e e shall receive an a llo tm en t o f $1 0 per m on th fo r the purchase and m aintenance o f personal item s o f c lo th in g and equ ip m en t as prescribed b y the c ity , p rov id ed that the c ity shall furnish and m aintain all other item s o f c lo th in g and eq u ip m en t. T his p rov is ion shall be e ffe ct iv e co m m e n cin g January 1, 1 9 7 1 .

Selected payments fo r time not worked

City contracts paralleled private sector counterparts in that they contained a variety of payments for time not worked, particularly for sickness, vacations, holidays, funerals, and jury duty. (See tables 22, 23, 24.) However, many of these frequently were granted unilaterally to city employees before the advent of collective bargaining, and thus, such arrangements were not included always in the agreements studied.

Sick leave. Seventy-seven percent of the agreements referred to sick leave. (See table 22.) Typically, sick leave provisions set forth the number of days that would be earned during a given working period. Often, they

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stipulated the maximum days that might be accrued and carried over from year to year:(8 3 ) T he c ity ’ s current sick leave p o licy p rov id es:

A ll e m p loy ees shall accru e sick leave at the rate o f 13 w ork in g days per year.

E m p loy ees m ay accrue sick leave to a m axim u m o f 9 0 days.

Most of the provisions dealt with aspects of sick leave policy designed to prevent abuses, such as reporting requirements and medical certification:

(8 4 ) S ick leave p aym en ts w ill n ot b e m ade unless the e m p lo y e e com p lies w ith d epartm en ta l rules requiring p rom p t n o tice to supervisors o f an y illness o n the j o b , any ab sen ce , progress reports during ab sences, and e x p e c te d date o f return to w o rk .

(8 5 ) W hen requested b y the a u th o rity , an y e m p lo y e e return ing fro m a sick leave in excess o f 3 days shall, at the tim e o f such return , present w ritten ev iden ce fr o m a p hysician o f his physica l fitness.

Funeral leave. About 60 percent of the agreements permitted paid leave in the event of death in the employee’s immediate family, or less often, for other relatives or fellow employees. Funeral leave provisions generally included a definition of the family, a statement of which employees were eligible for leave, and a stipulation of the maximum days of leave that could be used. Within these general provisions, variety existed. For example, the definition of family could extend to step parents and children, foster parents, or a legal guardian. The maximum leave in the first clause was 3 days, and in the second, 5 days:(8 6 ) T im e o f f w ith p a y , shall b y granted t o regular

em p lo y e e s , n o t to e x ce e d 3 w o rk days in case o f death in the im m ed ia te fa m ily . Im m ed iate fa m ily shall b e d e fin ed fo r this p u rpose as sp ou se , natural, fo s te r , step parent, m oth er-in -law , fa ther-in -law , ch ild , b ro th e r o r sister; or any relative residing in the h ou seh o ld .

(8 7 ) In case o f a death in the e m p lo y e e s im m ed iate fa m ily , 5 days leave o f absence w ith p ay shall b e granted.

T he im m ed iate fa m ily shall b e d e fin ed as fo llo w s : m oth er, fa th er, sp ouse, ch ild ren , sister, b ro th e r , m oth er-in -law , fa ther-in -law , g ran d m oth er, grandfather and legal guardian.

Often relatives and fellow employees also could be encompassed within the clause. The clause also could authorize leave for a memorial service, usually in the event of the death of a member of the armed forces:

(8 8 ) I f e x p lic it ly rep orted o n the tim e sh eet, absence o f a regu larly -ap p oin ted a ccou n ta n t d u e to the death o f a

w ife , hu sband , parent, parent-in-law , stepparent, ch ild , b ro th e r , sister or stepch ild shall b e p erm itted w ith o u t loss o f pay fo r n o t to e x ce e d 3 fu ll w o rk d a y s , p ro v id e d the days are used w ith in the calendar w eek (a n y 7 con secu tiv e d ays) starting w ith the d a y o f the death .

In case the death o f a relative, as listed in S e c tio n 2 , (a ), a b ove o ccu rs w h en such relative is in the arm ed services o f the U nited States, these p rov ision s m ay a p p ly to leave fo r the p u rpose o f a tten d in g m em oria l o r re ligious services h e ld b ecau se o f such death , w ith o u t regard to the place w h ere death o c cu rre d o r to the p lace w h ere services are held .

A b se n ce o f 1 day w ith o u t loss o f pay w ith in the calendar w eek (any 7 con secu tive d ays) starting w ith the d a y o f the d eath shall b e p erm itted in case o f the death o f a grandparent, grand ch ild , broth er-in -law , sister-in-law , son - in -law , daughter-in -law , u n cle , aunt, n e p h e w , n e ice , o r first cou sin .

R egularly ap p o in ted a ccou n tan ts m ay b e e x cu se d b y the S uperin tendent fo r Vi day w ith o u t loss o f p ay to attend the funeral o f a fe llo w e m p lo y e e .

The preceding clause applied to “regularly appointed” accountants. Most clauses similarly emphasized that the leave extended only to the regular work force, and occasionally established a minimum length of service for eligibility. In the following provision, an employee was required to have 6 months’ service. The clause also stipulated that the days of leave referred to were regularly scheduled work days, and that the leave would not impair accumulated sick or vacation leave:

(5 8 ) In the event o f th e death o f a sp ou se , fa th er, fa th er-in -law , m o th e r, m oth er-in -law , b ro th e r , sister, ch ild , o r grandch ild in the im m ed ia te fa m ily o f an e m p lo y e e w ith 6 o r m ore m on th s o f c o n tin u o u s active service, and w h o is in active service at the tim e o f such d eath , such e m p lo y e e shall b e en titled to receive u p to 3 d ays’ leave w ith o u t loss o f p ay fo r the p u rp ose o f a tten d in g funeral services o r arranging fo r burial. It is u n d e rsto o d that these days m ust b e days u p o n w h ich the e m p lo y e e is regularly sch ed u led t o w o rk . L eave w ith o u t loss o f p ay un der this paragraph shall n o t b e d e d u cte d fr o m sick leave or vaca tion leave.

Occasionally, employees could accumulate funeral leave within given limits:

(3 0 ) . . . D uring the first 2 years each e m p lo y e e shallrece ive 5 days bereavem en t leave fo r each fisca l year , w h ich m ay b e accu m u lated to a to ta l o f 10 d ays. A fte r the 10 days leave have b e e n accu m u la ted , there shall b e n o fu rther grant o f d ays. I f m ore than 5 days o f f in any 1 year are n eed ed d u e t o a death in the fa m ily , an e m p lo y e e m ay b o r r o w fr o m his accu m u lated 10 reserve days b u t he m ust rep lace th ose d ays fr o m his su cceed in g years’ 5 d ay person al leave grant.

Jury duty. Jury duty or court witness leave with pay was found in slightly fewer agreements than funeral

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leave. (See table 22.) As a rule, provisions stipulated that employees would continue to receive regular pay, and also set forth the conditions they, in turn, had to meet to qualify, such as remission of jury pay to the city:

(8 9 ) A b sen ce w ith pay n o t charged t o vaca tion w ill be granted e m p loy ees . . . . o n ju ry d u ty o r answ ering a su bp oen a (p ay received fo r such d u ty m ust b e turned over to the A cco u n tin g D iv ision ).

(9 0 ) W here an e m p lo y e e is su m m on ed fo r ju ry d u ty b y a cou rt o f c o m p e te n t ju r isd ic t io n , and actually serves o n such ju ry , he m ay qu a lify to receive his regular pay as an e m p lo y e e during such service b y turning his ju ry pay over to the city F inance O ffice r .

One agreement set forth jury-related activities for which absences away from work were fully paid:

(9 1 ) E m p loy ees w h o are required to serve o n a ju ry , o r are requ ired to report to cou rt in person in response to a ju ry d u ty su m m ons, o r are requ ired to rep ort fo r ju ry exam in ation , o r t o q u a lify fo r ju ry d u ty , shall receive their regular salary during such absences p rov id ed that th ey rem it to the B oard an am ou n t equ al to the con p en sa tion received b y th em , i f an y , fo r ju ry d u ty .

Another agreement gave the city the option of providing compensatory time or overtime pay for shift workers on jury duty on what would otherwise be a scheduled day off. In addition, the city required proof of jury duty:

(3 5 ) A ll em p lo y e e s o f the c ity o f T o le d o w h ile serving u p on a ju ry in any co u rt o f record w ith in L ucas C o u n ty , O h io , shall be paid his regular salary fo r such p eriod o f tim e. H e shall rem it to the c ity Treasurer w hatever am ou n t such e m p lo y e e shall receive as com p en sa tion fo r his services as ju ro r .

S h ift w ork ers w h o serve on ju ry d u ty o n regularly sch ed u led days o f f shall be (at the o p t io n o f the e m p lo y e r ) granted co m p e n sa to ry tim e o f f o r overtim e pay.

A ll ju ry d u ty com p en sa ted fo r b y the e m p lo y e r shall b e certified t o the e m p lo y e r b y the C lerk o f C ou rts , and under n o c ircum stan ces m ay ju ry d u ty ap p ly to an y d ay n ot so certified .

In the course of duty, police officers could be called to testify before a court. The following highly detailed clause assured premium pay if attendance was required on days off:

(9 2 ) A n e m p lo y e e o n d u ty at night o r o n vaca tion , fu rlou gh , o r o n a day o f f , w h o attends as a w itness o r in o th er cap acity in the p e rform a n ce o f h is d u ty fo r o r in b e h a lf o f [M assachusetts] or the c ity in a crim inal or o th er case pending in any d istrict c o u r t . . . . , an y ju ven ile co u rt, o r an y su perior co u rt , o r b e fo re any grand ju ry proceed in gs, o r in c o n fe re n ce w ith a d istrict a t t o r n e y . . . . , o r at any pre-trial co n fe re n ce o r an y o th er related hearing o r p roceed in g , o r w h o is requ ired o r requested b y any

c ity , co u n ty , to w n , state o r the F ederal G overnm ent o i su bd iv ision o r a g e n c y . . . . to a tten d o r appear b e fo re . . . . any o f the fo re g o in g , o r w h o attends as a w itness or in o th e r ca p a c ity in the p erform a n ce o f his d u t y . . . in a crim ina l case o r o th er case pend ing in a F ederal district c o u r t , o r b e fo re a grand ju ry p ro ceed in g , o r a U nited States C om m ission , o r in co n fe re n ce w ith a U nited States a ttorn ey . . . . o r at any pre-trial co n fe re n ce or any other related hearing o r p roceed in g , shall b e en titled to overtim e com p en sa tion fo r every h ou r o r fra ct ion th e re o f during w h ich he was in such a tten d ance o r appearance, b u t in n o event less than 3 hou rs su ch pay on an overtim e basis; p rov id ed , h ow ever, that i f he so attends. . . during any d a y , o n m ore than o n e such o c ca s io n , he shall be en titled to such ad d itiona l pay fr o m the tim e o f first such a t te n d a n c e .. . t o the tim e o f last su ch a tten d ance o n such d a y ; p ro v id e d , fu rther, that i f any such o c ca s io n o ccu rs o n a h o lid a y w h ich falls o n the e m p lo y e e ’ s d ay o f f or during his va ca tion , the e m p lo y e e shall receive the ad d ition a l p ay d ue h im under the h o lid a y and vacation p rov ision s. . .

The agreement involving employees of the Los Angeles Housing Authority contained many of the features of jury duty provisions already discussed-pay, notification and certification of duty, remission of fees—but it also included two variations, namely, permission for employees to keep mileage allowances and permission to go on jury duty only if the authority’s operations were not harmed:

(9 3 ) E m p lo y e e s receiving letters o r su m m on s fo r ju ry d u ty sh ou ld n o t i fy their supervisor im m ed ia te ly . I f absence is requ ired b y an o ff ic ia l o rd er from an oth er govern m en ta l ju r isd ic t ion fo r ju ry d u ty o r o th er p u b lic p u rp ose , leave w ith pay shall b e granted fo r the p eriod o f absence p rov id ed th a t :

1. T h e o rd e r has n o t b e e n b rou g h t a b ou t through m isco n d u ct o r con n iva n ce .

2 . A n y ju ry o r w itness fees received b y the em p lo y e e shall b e rem itted to the F iscal O ff ice r . M ileage a llow a n ces m ay b e retained b y the e m p lo y e e .

3. T h e absence w ill n o t seriously im p ed e the o p era tion s o f the a u th ority .

I f an e m p lo y e e , o th er than a litigant in the case, is requ ired t o b e absent to appear b e fo re a grand ju ry o r in a crim inal case b e fo re a cou rt w ith in the State o f C a liforn ia , o r in a civil case be in g tried w ith in L os A ngeles C o u n ty , in response to a su b p oen a d u ly served, his regular salary shall b e con tin u e d during the p eriod o f ab sence , p rov id ed that:

1. E ach date o f necessary atten dance in court or b e fo re a grand ju r y , o th er than the date sp ecified in the su bp oen a , shall b e certified to b y the clerk o r o th e r au th orized o f f ic e r o f such cou rt or grand ju ry .

2 . In any case in w h ich a w itness fee exclusive o f m ileage a llow a n ce is p ayab le , such fee shall be

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co lle cte d b y the e m p lo y e e and rem itted t o the F isca l O ffice r .

In municipal schools, employees could be excused from jury duty, presumably on the grounds that such employees serve the city more meaningfully while remaining on regular duty:

(6 5 ) S c h o o l e m p lo y e e s m ay b e excu sed fr o m ju ry d u ty . Im m ed ia te ly a fter receiv ing a su m m on s, the e m p lo y e e sh ou ld request in stru ction s fr o m the o f f i c e o f the C lerk Treasurer in o rd er t o seek e x e m p tio n fro m ju ry d u ty .

Paid military leave. Employees who are members of the armed services reserve and who are called to active duty for emergencies or summer training were provided leave with pay in 40 percent of the agreements.8 The clauses differed in the amount and duration of pay and the certification required for pay eligibility. The following two provisions, granted full pay during temporary military service. The clauses, however, contained no stipulations on whether payments made by the military had to be turned over to the city:

(9 4 ) A n y e m p lo y e e w h o is a m em b er o f the R eserve F orces o f the U n ited States o r o f the State o f N ew Y o rk and w h o is o rd ered b y the ap p rop riate au th orities to a ttend a training program , o r p e r fo rm o th er duties under the supervision o f the U n ited States o r o f the State o f N ew Y o rk , shall b e granted a leave o f absence w ith pay fo r a p eriod not to e x ce e d 30 d ays during such service.

(5 4 ) Leave o f absence w ith pay shall b e granted to an e m p lo y e e w h o is a m em ber o f the N ational G uard or O rganized R eserve t o fu lfill his annual tou r o f d u ty requ irem ent. T h is leave p eriod is n orm a lly 2 w eek s and shall n o t e x ce e d 17 days.

Other provisions stated that the city would pay the difference between military and regular pay. By and large, provisions were limited to full-time employees as in the following examples, and required the employee to submit pay vouchers on his return so that the differential could be computed. The first explicitly guaranteed continued accumulation of vacation and sick leave credits:

(7 4 ) A regular (n o n p ro b a t io n a ry ) e m p lo y e e o f the city w h o is tem p ora rily called to active d u ty (e .g . sum m er training) shall b e granted a leave o f absence fo r the d u ration o f such active d u ty and shall b e paid the d iffe re n ce b e tw een his regular p ay and his service pay (u p o n rece ip t o f a service pay v o u ch e r ) fo r a p eriod n o t to e x ce e d 31 days in any calendar year an d , fu rth er , shall a ccum ulate vaca tion and sick leave w ith pay cred it during the p eriod o f such leave.

“ Leaves o f absence fo r m ilitary service are d iscussed on p. 2 9 .

(9 5 ) R egular fu ll-tim e em p lo y e e s , w h o are m em bers o f any m ilitary reserve co m p o n e n t , are en titled to leave o f absence fo r su ch tim e as they are in the m ilitary service o n fie ld training o r active d u ty fo r p eriod s n o t to e x ce e d 30 days per calendar year. S uch a leave m ust b e granted b y the d epa rtm en t head a fter seeing orders fr o m p rop er m ilitary au thorities. I f the e m p lo y e e ’ s m ilitary p ay is less than his regular p a y , he m ay file a cert ifica te to that e f fe c t u p o n his retu rn , w ith c o p ie s o f m ilitary ord ers and pay v ou ch er , and fo rw a rd it to the P ayroll O ff ic e through the P ersonnel D ep artm en t, w h ereu p on he w ill b e given a ch eck fo r the d iffe re n ce . M ilitary training leave d o e s n o t a p p ly to short repetitive p eriod s o f m ilitary service.

Call back pay. Two-fifths of the agreements guaranteed that an employee called back after the completion of his shift either would work or receive compensation for a stipulated number of hours. Most frequently, 3 or 4 hours were guaranteed, usually at overtime premium rates:

(3 7 ) A n y e m p lo y e e called to return to w o rk im m ed ia te ly , o r b e fo re the e m p lo y e e ’ s next w o rk sh ift and su ch call is a fter the e m p lo y e e has le ft the e m p lo y e r ’ s prem ises at the end o f his last sh ift shall b e paid fo r a m in im u m o f 4 hours at the rate o f o n e and on e -h a lf tim es h is regular rate, p rov id ed h ow ever , that i f the sam e e m p lo y e e is ca lled b a ck m ore than o n ce during the sam e b e tw e e n shift p eriod his to ta l m in im u m guarantee fo r all such call-backs shall n o t e x ce e d fo u r (4 ) h ou rs at tim e and on e-h a lf.

In the following provision, actual hours worked were paid for at time and one-half, but the guarantee extended only to 4 hours at straight time:

(9 6 ) I f an e m p lo y e e is ca lled b a ck t o w o rk after having co m p le te d a fu ll d a y ’ s w o r k , he shall be paid at tim e and o n e -h a lf the straight tim e h ou rly rate o f p ay fo r tim e w o rk e d w ith the m in im u m guarantee o f 4 hou rs at the straight-tim e h o u r ly rate.

The guarantee rate was only 3 hours at straight time for New York subway supervisors, but those recalled also received a paid meal allowance:

(9 7 ) I f an e m p lo y e e is requ ired t o report b a ck fo r em ergen cy w o rk a fter bein g released u p o n the co m p le tio n o f h is regular tou r o f d u ty , he w ill b e paid as fo l lo w s : I f he shall have b e e n ord ered to and d o e s report in person to the p lace w here he is d irected to rep ort , he w ill be a llow ed 3 hou rs ’ tim e at his regular rate o f pay fo r so reportin g .

A n e m p lo y e e engaged in em ergen cy w o rk ou ts id e his regularly sch ed u led w ork in g tim e w ill be given a $3 m eal a l lo w a n c e .. . .

R eporting pay. Seventeen percent of the agreements provided for payments to city employees, who reported for work as scheduled only to find no work was available. Such provisions were designed to penalize city

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employers for improperly scheduling work and to compensate employees for the inconvenience of traveling to work unnecessarily. In contrast to provisions in nongovernment contracts, city agreements generally made no provisions for waiver of the report pay requirement:(9 8 ) A ll e m p lo y e e s , e x ce p t part-tim e p erson n el, w h o

report fo r w ork at a regular assigned tim e and w h o are o ff ic ia lly excu sed and sent h om e d ue to lack o f w o rk or in clem en t w eather b e fo re com p le tin g 2 h ou rs o f w o r k , shall b e cred ited w ith 2 hou rs p ay at their straight tim e rate.

The employee could be required to remain available for work and to perform any work assigned to qualify for the guarantee:

(9 9 ) A n y regular op e ra to r w h o reports fo r his regularly assigned run o r trick and w h o , th rou gh n o fault o f his o w n , is n o t used, shall receive his regular d a y ’ s p ay , p rov id ed he h o ld s h im self available fo r and p erform s any o th er w o rk w h ich he m ay b e o rd ered to p erform .

(1 0 0 ) In the event a substitu te teacher reports to a bu ild ing in accord a n ce w ith an assignm ent b y the D ivision o f P ersonnel, and the services o f the substitu te teacher are unnecessary, and in the event the substitu te is w illing to m ove to an assignm ent in an oth er bu ild in g bu t n o such assignm ent is available, the substitu te teacher shall b e paid the sum equal to o n e -fo u rth o f his d a ily rate.

Paid rest periods. Rest periods appeared in 19 percent of the agreements, but the practice formally or informally probably was more widespread than the data indicate. (See table 22.) Allowances in agreements usually involve blue-collar employees. Typically, clauses provide for rest periods of equal length, one before and one after lunch, midway through the shift:

(1 0 1 ) A ll e m p lo y e e s shall have a 15 m inute c o f fe e break in the m orn ing and a 15 m inute c o f fe e break in the afternoon. Such coffee breaks shall be paid fo r b y the e m p loy er .

Clauses also may be added to prevent the abuse of breaks, for example, to extend lunch hours or for personal business:

(1 0 2 ) A ll e m p lo y e e s ’ w o rk schedules shall p rov id e fo r a 15 m inute rest p eriod during each o n e -h a lf sh ift. T h e rest p eriod shall be sch ed u led at the m idd le o f each o n e -h a lf shift w henever this is feasib le . T h e rest p eriod is in ten d ed to be a recess to be p reced ed and fo llo w e d b y a w ork p eriod . C on seq u en tly , it m ay n o t be used to a llow late arrival o r early departure o r to ex ten d the lunch p eriod .

(1 0 3 ) A ll e m p lo y e e s shall b e en titled t o o n e 15 m inute rest period during every 4 hours w o rk ; the rest p eriod w ill b e taken ord in arily during the se co n d o r third h o u r o f each 4 hou r p eriod . E m p lo y e e s shall n o t co n d u ct personal business during the w o rk day w ith o u t perm ission .

Paid meal periods. Only 5 percent of the agreements provided for meal periods on the city’s time. These clauses usually referred to special situations or circumstances, such as continuous operation or overtime, and applied to blue-collar workers, policemen, and firemen. For example, an employee working a minimum number of hours of overtime would be provided a paid meal period and another break if he continued to work for an additional period:

(3 7 ) A n e m p lo y e e w h o is requ ired to w o rk m ore than 2 hours b e fo re o r b e y o n d his regular sh ift shall be a llow ed a 30 m inute lun ch p eriod o n the e m p lo y e r ’ s t im e, to be taken n o t later than the ex p ira tion o f such 2 h ou r overtim e p eriod . In the event the e m p lo y e e w ork s fo r m ore than 4 hou rs b e y o n d such 2 h ou r overtim e p eriod , he shall receive an a d d ition a l 30 m inute lu n ch p eriod o n the e m p lo y e r ’ s tim e fo r each ad d ition a l 4 h ou r overtim e in crem en t.

Where the nature of the operation required continuous attendance at the work place, then the worker received a paid lunch period, but he had to be prepared to respond to any need for his services:

(1 0 4 ) E m p loy ees w h o m ust co n tin u o u s ly m o n ito r their d u ty station shall have a 1 /2 hou r lun ch p eriod bu ilt in to their 8 hou r sh ift, and this lun ch p eriod shall be schedu led as close to the m idd le o f the w o rk shift as p ossib le . It is u n d erstood that such e m p lo y e e s are o n d u ty w h ile eating and m ay have to resp on d to d u ty requirem ents. W here the n u m b er o f e m p lo y e e s perm its , e ffo r ts w ill b e m ade to a llow un in terru pted m eal breaks.

Length of paid lunch periods may vary according to working conditions:

(4 0 ) T here shall b e a 20 m inute paid lunch p eriod fo r all p ersonnel w h o are required to rem ain at their w ork station or w ork site during the course o f the w ork d a y . S uch personnel shall in c lu d e , bu t n o t lim ited t o , op erating personnel in the D ivision o f R efu se D isp osa l, d ispatchers w h o can n ot leave their w o rk stations, 2 4 -h ou r shift op era tion s , e tc . N o paid lunch period shall be longer than 2 0 m inutes e x ce p t that in the D ivision o f C o n stru ctio n , M aintenance and R epair o f Streets and in the D ivision o f Sew age T rea tm en t, because o f specia l w ork in g co n d itio n s , the paid lunch p eriod shall b e 30 m inutes.

Washup, cleanup. Washup, cleanup provisions were found in only 9 percent of the agreements studied, again predominantly among blue-collar workers, as might be expected, since basically this provision is job-related. For this study, clauses were defined to include matters such as putting away tools or equipment as well as preparatory time at the beginning of the day:

(1 9 ) A ll op era tors w ill be a llow ed 10 m inutes preparato ry tim e fo r the purpose o f getting equ ipm en t ready for pulling o u t . O p erators w ill b e a llow ed 5 m inutes fo r

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storing eq u ip m en t after c o m p le tio n o f their assignm ents o r w ork runs at D iv ision p oin ts o r ou tsid e lo ca tion s .

Preparatory tim e and s ig n o f f tim e shall b e con sid ered as w ork tim e and m ade a part o f the w o rk run.

More typically, provisions dealt with washing up and clothes changing, some of which provided for such time only at the end of the day. Time allowed usually varied from 10 to 15 minutes:

(3 6 ) A n e m p lo y e e o f the S h op s and E qu ipm en t D epartm ent, Garage D ivision o r S h o p D iv ision , shall be a llow ed 10 m inutes w ith pay t o wash and dress im m ediately p rior to the c o m p le tio n o f the d a y ’ s w o rk .

(6 6 ) P lum bers and painters and o th er e m p loy ees w h en necessary shall b e given 15 m inutes in the a fte rn o o n to cleanup b e fo re leaving at the en d o f the w o rk d a y .

Several agreements required the city to provide necessary facilities:

(5 7 ) E m p loy ees shall b e granted a 15 m inute personal cleanup p eriod prior to the end o f each w ork sh ift.

W ork schedu les shall be arranged so e m p lo y e e s m ay take advantage o f this p rov is ion , the e m p loy er shall m ake available the required facilities and supplies.

In some cases, the amount of time was not given, but employees were granted a “reasonable” time. The following provision also permitted washup at the end of both halves of the shift:

(2 9 ) T h e e m p lo y e r w ill p rov id e a reasonable am oun t o f tim e, consisten t w ith the nature o f the w ork p e r fo rm e d , fo r e m p lo y e e s to clean up p rior to lunch and at the end o f the w ork d a y s .

Vacations. A surprising 70 percent of the agreements referred to paid vacations, another fringe benefit normal-

ly covered in personnel regulations. (See table 23.) Plans typically were graduated and increased annually as length of service increased. Of the agreements specifying maximum lengths of vacation, 81 percent were for 4 weeks or longer; 5 weeks was the most common.

Vacation provisions are usually lengthy and involve a number of issues such as length of service, annual work requirements, scheduling, and the effect of termination, retirement, and military service on vacations. The length of service determines the number of weeks’ vacation for a given year. Although length of continuous service usually is defined as work with one employer, the following plan permitted service with different governmental units. The same plan required city employees to work 30 weeks in the year to obtain the minimum 2 weeks’ vacation. Other plans may set the vacation eligibility in hours or days worked in the year:

(1 0 5 ) Every e m p lo y e e cov ered b y this agreem ent w h o o n June l has actually w ork ed fo r the m unicipa l em p lo y e r fo r 30 w eek s in the aggregate during the vacation e lig ib ility year shall b e granted 2 w eeks o f vaca tion leave. . . .. . . F o r the purpose o f determ in ing vaca tion le a v e . . . service w ith the C o m m o n w e a lth o f M assachusetts, the c ity o f B oston , o r the co u n ty o f S u ffo lk shall b e in clu d ed in com p u tin g length o f service.

As for scheduling vacations, clauses stipulated that time off would be distributed without impairing operational efficiency. Within this limit, vacations could be selected by employees, usually on a seniority basis. However, the kind of seniority may differ for different groups of employees, and may be modified by location of work, shifts, and desirability for vacations during warm weather months:

(7 ) V a ca tio n p eriod s shall e x ten d over the entire year and shall b e sch ed u led in such a m anner that in the ju d gm en t o f (th e e m p lo y e r ) such vacation p eriod s w ill n o t in terfere w ith the dem ands fo r s e r v ic e .. . .

T h e se lection fo r vacation p eriod s fo r op era tors [transp o rta tio n ] shall b e in a cco rd a n ce w ith sen iority . [T h e e m p lo y e r ] w ill p ost a list b y O c to b e r 15 th sh ow in g the nam es o f op era tors a cco rd in g to their sen iority standing and sp e c ific tim e fo r each op e ra to r to m ake his se lection . S u ch se lection shall begin o n the first M on d ay in N ov em b er p rior to the calendar year in w h ich the vaca tion is to b e tak en , and shall b e co m p le te d w ith in 6 d ays, w ith o n e sh o p stew ard engaging in the p ick .

W ith respect to n on op era tin g em p lo y e e s , the se lection o f vacation p eriod s shall b e in a cco rd a n ce w ith D ivision sen iority b y lo ca tio n s b y sh ifts. [T h e e m p lo y e r ] shall d eterm in e the n u m b er o f e m p lo y e e s and c lassifications fo r any vacation p eriod a lthou gh vacations w ill be sch ed u led over the entire calendar year, th ey w ill b e set up fo r p ick so that a n y on e in the n on op era tin g departm en t co u ld p ick a vacation in M ay, June, Ju ly , A ugust o r S eptem ber as he so desires. . . .

(1 0 6 ) A rrangem ents fo r vacations m ust b e m ade w ith regard to the necessity o f co n t in u o u s w ork in g co n d itio n s in o rd er that, in the ju d gm en t o f the a u th ority , a su ffic ien t n u m b er o f e m p lo y e e s w ill be available at all tim es to cover the various classes o f w o rk . V a ca tion s shall b e p ick ed a ccord in g to an e m p lo y e e ’ s sen iority w ith in the section he is e m p lo y e d .

Vacations also were granted to part-time workers, usually pro-rated according to the number of hours, days, or weeks a year that they worked. City employees who left employment usually received the vacation which they had earned until the time of their departure. The estate of a deceased worker typically received the employee’s earned vacation pay. Workers discharged for cause generally lost earned vacation:

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(1 0 7 ) V acation s fo r part-tim e bu ild ing service helpers are granted on the basis o f to ta l hours w o rk e d , includ ing paid sick tim e, during the 12 m on th p eriod end ing w ith pay p eriod nu m ber 10 o f each year. A n additional a llow a n ce is granted a fter 10 and 20 years o f s e r v ic e .. . . A n y e m p lo y e e , w h o leaves the service d u e t o resignation , retirem ent, la y o f f o r death or w h o takes m ilitary leave, w ill b e paid fo r earned vacation tim e that has a c cum ulated . D ischarged e m p lo y e e s are n ot en titled to pay fo r a ccu m u lated vacation tim e .

Holidays. Provisions specifying the number of paid holidays appeared in as many agreements as vacation. (See table 24.) The number of paid holidays in city contracts varied greatly, but more than half of the agreements provided for 10 paid holidays or more. Regional variations were apparent. Although most agreements in the Pacific and East North Central States provided for 8 holidays or more, those in the East Coast were more liberal. Contracts in the Middle Atlantic States provided for 11 holidays or more, and in New England, where local holidays such as Bunker Hill Day and Evacuation Day are also celebrated, 12 or more. Some agreements also provided for days off on an employee’s birthday and on his employment anniversary date.

In addition, holiday provisions usually established the number and designation of holidays, eligibility for pay, and premiums for work. Qualifications for holiday pay were determined by length of service, usually minimal, and days worked before and after the holiday. All of the qualifications had to be met for holiday allowances to be received. However, work qualifications which often could be waived under mitigating circumstances were adhered to rigidly when absence from work was the employee’s fault:

(1 0 8 ) T o q u a lify fo r h o lid a y p a y , c ity em p lo y e e s covered b y this agreem ent m ust have been o n the p ayro ll fo r a p e rio d o f 30 calendar d ays, and have w ork ed their n orm al w o rk d a y b e fo re and their n orm al w o rk d a y fo l lo w ing the h o lid a y , unless su ch fa ilure to w o rk is caused b y o n e o f the fo llo w in g reasons:

a. Personal illness o r illness in the im m ediate fa m ily

b . Jury d u tyc . Serving m ilitary requirem entsd . D eath in th e im m ed ia te fam ilye . L aid o f f w ith in 1 w eek p rior to the h o lid a yf . Leave w ith p a y , in clu d in g vacation leave

(9 0 ) E m p lo y e e s w h o are absent w ith o u t leave o n the w o rk d a y im m ed iately p reced in g or fo llo w in g the observed h o lid a y , shall n o t b e en titled to h o lid a y pay o r oth er provision s o f this article . A n y suspension m ade under the prov ision s o f this agreem ent shall be treated as absence w ith o u t leave under this se c t io n . A n y e m p lo y e e w h o is o n

‘ 'In ju red o n D u ty ” status o n the date o f the observed h o lid a y shall n o t receive h o lid a y p ay .

If the holiday was worked, the employee was paid a premium, and if the holiday fell on a day off or during vacation, an extra day’s pay was provided:

(7 1 ) I f a h o lid a y as established in this con tra ct falls during an e m p lo y e e ’ s vacation tim e, the e m p lo y e e w ill be paid d o u b le tim e fo r the h o lid a y .

I f a h o lid ay as established in this con tra ct falls during an e m p lo y e e ’ s regular day o f f , the e m p lo y e e w ill b e paid for 8 hours straight tim e.

S h ou ld an e m p lo y e e be required to w o rk on a h o lid ay as established in this co n tra ct , said e m p lo y e e shall b e paid d o u b le tim e fo r all hours w ork ed w ith a m in im um guarantee o f 8 hours.

As an alternative, the city could provide another day off, often within given time limits. Occasionally, a contract stipulated that injured employees would receive pay for the day even though compensated by insured benefits:

(9 ) I f an e m p lo y e e , w h o is elig ib le fo r paid h o lid a y as set fo r th a b ove , is absent fr o m w o rk becau se o f illness o r in jury and is currently receiv ing a ccid en t and sicknessinsurance b e n e fits ------- o r w ork m en s c o m p e n s a t io n .. . .the e m p lo y e e is en titled to h o lid a y pay fo r app licab le h o lid ays, w ith o u t d im in u tion o f h is a cc id en t and sickness o r w o rk m e n ’ s com p en sa tion ben efits .

Unpaid leave provisions

Leave of absence provisions, which allow an employee to be absent and still retain his job rights, were found in three-fourths of the agreements and were divided about equally among the various kinds of leave specified. (See table 25.)

Military leave. Leave for regular military service was included in more than two-fifths of the agreements. Typically, these clauses provided for a leave of absence, in effect a guarantee of reemployment and a guarantee of various employee rights. Clauses could widen the definition of military leave to include nonmilitary services of conscientious objectors, as in the following clause, protecting seniority and automatic progression up the salary schedule:

(1 0 9 ) M ilitary leaves o f absence w ith o u t pay w ill be granted to a perm anent teacher in d u cted in to the A rm ed F orces fo r the requ ired length o f service, a ccord in g to the term s o f the Selective Service and T raining A c t o f 19 40 and subsequ ent am endm ents b y C ongress.

A teacher w ill b e elig ib le fo r m ilitary leave o f absence i f o rd ered to rep ort fo r civilian w o rk in the N ational interest

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under the current p rov ision o f the S elective Service and Training A ct ap p ly in g to con sc ien tiou s o b je cto r s .

U p on return to the sch o o l system , such in d u cted teacher w ill be p laced o n a step o f the salary scale as i f he had never le ft.

T he teacher returning fr o m m ilitary service w ill be reinstated and w ill retain sen iority as i f he had never le ft .

The right to reemployment to an old job or an equivalent one could be limited by the employee’s physical condition. The contract also could restrict reemployment to those honorably discharged:

(1 1 0 ) A n y perm anent fu ll-tim e e m p lo y e e w h o shall enter the arm ed fo rce s o f the co u n try w hile a state o f war or the requirem ent o f co m p u lso ry m ilitary service exists w ill be restored to his fo rm e r p o s it io n o r o n e o f an equ iva lent status u p o n presentation o f an h on ora b le discharge. . . . w ith in 9 0 days fr o m the date o f the discharge.

R einstatem en t fr o m m ilitary leave o f absence shall be su b ject to the ab ility to pass the required physica l ex am in ation .

By reference, the law on military reemployment could be incorporated into the contract; the city also could guarantee retirement credits:

(1 1 1 ) A n e m p lo y e e shall be granted an e x te n d e d leave o f absence w ith ou t pay fo r m ilitary d u ty in a ccord a n ce w ith law and a fter d ischarge shall b e restored t o e m p lo y m ent w ith the c ity , u p o n request, in a ccord a n ce w ith l a w . . . .

E m p lo y e e s o n m ilitary leave w h o thereafter return to em p lo y m e n t w ith the c ity shall receive retirem ent credit fo r all tim e spent in active m ilitary service.

Similarly, length of service could include time spent on military leave. The following clause also provided pay for the first 30 days of military service:

(1 1 2 ) B ilingual teachers o n regular ap p o in tm en t w h o enter the m ilitary service shall b e o n leave o f absence w ith p ay during the first 30 days o f such service unless the B oard is oth erw ise required to m ake p aym en t o f salary during such m ilitary service.

In determ in ing length o f service fo r any p u rp ose o f this agreem en t, con tin u ity o f service shall n o t be d eem ed to b e in terru pted b y absence d eterm in ed to b e d ue to illness, acc iden t o r in jury su ffered in the line o f d u ty o r b y tim e spent in m ilitary service, the Peace C orp s o r V IS T A .

Union business. About the same number of contracts referred to leave for union business as for military leave. Clauses typically defined the length of the leave period (long-term for employees assuming a union office and short-term employees going to a union convention or training institute), the number of employees eligible, and

the status of the employee when he returned to work. Although the following clauses were silent on the subject, it could be the practice that when maximum leave was reached, the leave might be renewed for an additional period, once both parties reviewed the situation. The first provided for seniority to be accumulated during the leave period; and the second assured no loss in salary progression:

(1 1 3 ) M em bers o f the un ion e lected to loca l un ion p osition s o r se lected b y the u n ion to d o w o rk w h ich takes them fro m their em p lo y m e n t shall, at the w ritten request o f the u n ion , receive leaves o f absence fo r p eriod s n ot to e x ce e d 2 years o r the term o f o f f i c e , w h ich ever m ay b e sh orter, and u p o n their return shall b e ree m p lo y e d at w o rk w ith accum ulated sen iority . E m p lo y e e s w ill obta in leave renew al fr o m the c ity o n fo rm s p rov id ed b y the c ity .

(1 1 4 ) T h e B oard agrees that up to three teachers designated b y the associa tion w ill u p o n request b e granted a leave o f absence fo r up to 2 years, w ith o u t p a y , fo r the p u rpose o f engaging in associa tion (lo ca l, state, n a tion al) activities. U p on return fro m such leave, a teacher w ill be con sid ered as i f he w ere active ly e m p lo y e d b y the B oard during the leave and w ill b e p laced o n the salary schedu le at the level he w o u ld have ach ieved i f he had n ot been absent.

Even short-term leaves for union business included safeguards of employee status:

(1 1 5 ) A t the request o f the u n ion , a leave o f absence w ith ou t pay shall b e granted to any classified e m p lo y e e w h o is a m em ber o f the u n ion to attend a co n v e n tio n or o th er sim ilar fu n ctio n s o f short du ration (su b ject to the ap p rova l o f the ap p oin tin g au th ority and the C o m m iss ion ). S uch leave o f absence w ill n o t a ffe c t his sick leave and v a cation leave accru als, anniversary date fo r increases; sen iority d ates; n o r w ill it con stitu te a break in service fo r co m p u tin g service cred its fo r C ivil Service exam inations.

Agreements providing for refusal of requests for leaves of absence were rare. In the following provision, written justification of any disapproval had to be given to the union. Conceivably, the decision could be processed under the grievance procedure:

(1 1 6 ) T he e m p lo y e r recogn izes that the un ion m ay designate e m p lo y e e m em bers, e le cted o r a p p o in te d , to a u n ion o f f i c e o r t o b e delegate to a u n ion fu n ctio n and agrees that, u p o n request, the e m p lo y e e w ill b e granted annual leave o r leave w ith o u t pay fo r the p eriod o f tim e required to be aw ay fr o m his jo b to act as a un ion representative, o r to a tten d u n ion con v en tion s o r caucuses o r to a tten d a u n ion -sp on sored and fo r e m p lo y e r sp on sored training cou rse . Such requests w ill b e su b m itted as far in advance as p ossib le , b u t in n o case less than 5 w ork in g days p rior to the day leave is to beg in . I f leave is re fused , it shall be b y the personal d e cis io n o f the

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branch ch ie f, the un ion w ill b e n o t ifie d o f such leave disapproval in w riting together w ith n o t ifica t io n th ere for .

Personal leave. Leaves o f absence for personal reasons were found in 38 percent o f the agreements. (See table25.) These open ended provisions were defined vaguely, which provided leeway to the city in granting leave and to the employees in seeking leave. Such provisions ranged from simple declarations, as in the first illustration, which had no reference to the length o f leave to lengthier statements o f short-term leave, setting forth reasons for which it would be granted:

(1 1 7 ) A ll e m p lo y e s shall be en titled to a reasonable leave o f absence fo r g o o d cause. . . .

(4 0 ) A fte r 1 year o f c o n tin u o u s service , and yearly thereafter fr o m the date o f e m p lo y m e n t , fu ll-tim e em p loy ees m ay b e granted personal leave, n o t to ex ce e d a tota l o f 3 days in any o n e year, fo r an y o f the fo llo w in g reasons:

R elig ious observan ce . . .

Personal, legal, business, h ou seh o ld o r fa m ily m atters o f an em ergen cy nature, n o t covered elsew here in these regu lations, p rov id ed the e m p lo y e e states the s p e c if ic reason fo r the request and such is ap p roved b y the Bureau H ead and the D irector o f P ersonnel.

Teacher agreements granting personal leaves o f absence tended to be more detailed, cover conditions under which leave might be granted, apply time limits, bases for refusal o f leave, and rules to be observed by employees on leave:

(1 1 8 ) A n y teacher w h o so requests m ay b e granted personal absence o f a reasonable nature b y the Superintendent w ith ou t p ay , p rov id in g that adequ ate p rovisions have b een m ade to assure the con tin u ity o f the instructional program . R equ est fo r personal absence shall b e m ade in w riting at least 14 calendar days in advance o f the e ffe ct iv e date o f the leave, e x ce p t in em ergen cy situations. I f the S u perin tendent is consid ering n o t approv ing the ab sen ce , he shall con sid er , p rior to taking appropriate a c t io n , the fo llo w in g :

1. T he indiv idual request o f the teacher.2 . T he prior re co rd o f the teacher.3. U nusual circum stan ces.4 . T he fa ct that sim ilar absence requests m ay or

m ay n o t b e a p p roved in the fu tu re .5 . P rior d isapproval o f the request.

(1 1 9 ) Leave o f absence fo r personal business m ay b e granted by the B oard o f E d u ca tion fo r su ch p eriod s as the B oard m ay d e c id e , said p eriod n o t to e x ce e d 1 year. T eachers o n such leave m ay request e x ten sion o f such leave fo r g o o d and valid cause. T h ose to w h o m such leave is granted shall su ffe r loss o f fu ll pay and m ust state, in w riting, that th ey w ill n o t a cce p t an oth er p o s itio n as adm in istrator, supervisor o r teacher during that p eriod .

T eachers shall be entitled to tw o personal business days per year w ith ou t loss o f p a y .*

*T h e personal business days shall n ot b e cum ulative.*U nused personal business d ays shall be transferred to sick leave ba n k .

O ne w h o requests a p ersonal business day shall subm it his request, on the fo rm prescribed , to the principal in tim e t o a llow the request to reach the O ff ic e o f the S uperin tend ent o f S ch o o ls 3 d ays p rior to the day o f leave.

N orm a lly , reasons w h ich w ill ju s t ify the w ritten request w ill b e such as:

A . Marriage o f the teacher o r o f an im m ediate relative o f the teacher.

B. G rad u ation o f a son o r daughter.C . P articipation in a g radu ation or acceptin g a

degree .D . S erious illness at h o m e .E . A tten d a n ce at a p ro fession a l m eeting.F . P rop erty closings, sales, e tc .

In the case o f a personal em erg en cy , such as atten dance at a funeral n o t cov ered b y the rules, the requirem ent o f a p rior w ritten request w ill b e w aived b y the S uperin tend ent o f S ch o o ls .

M aternity leave. O f the contracts studied, 37 percent referred to maternity leave; such agreements were numerous especially in educational institutions. Clauses typically stipulated the duration o f leave, which varied greatly, particularly in terms o f the employee’s physical condition. As a rule, clauses did not refer to the employee’ s status on return, such as the effect o f absence on seniority or salary, provisions commonly connected with other leaves. Usually, negotiated maternity leave clauses contained administrative details: advance notice o f leaving and returning and requirements for medical certificates or examinations before and after:

(1 2 0 ) A m arried fem ale e m p lo y e e w h o b e co m e s pregnant and w h o w ishes to return to w ork after d elivery shall d iscuss her s ituation w ith her supervisor n o later than the en d o f the 4 th m o n th o f p regnancy and shall furn ish a m ed ica l certifica te sh ow ing e x p e c te d date o f co n fin e m e n t. W hether o r n o t to grant a leave o f absence fo r p regn ancy is at the d iscre tion o f the d epartm en t head .I f granted , it m ust b e w ith o u t p a y . I f a leave is granted the agen cy head m ay request that the vacan cy b e filled o n a tem p ora ry basis and that tem p orary p ro m o tio n be m ade during the p eriod o f leave. W hether o r n o t a leave is g ranted , the pregnant e m p lo y e e m ust leave the service at 2 m on th s b e fo re the e x p e c te d date o f co n fin e m e n t.

R etu rn to d u ty can n ot b e w ith in 6 w eek s o f delivery and m ust b e a cco m p a n ie d b y a statem ent o f her attending physician and con cu rren ce o f a c ity p h ysician . T he agen cy head m ay require advance n o t ice o f her return , n o t to e x ce e d 30 d ays.

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(1 2 1 ) A fu ll-tim e, perm anent e m p lo y e e w ith a m in im u m o f 1 year o f con tin u ou s service m ay b e granted u p on ap p lica tion to the a p p oin tin g a u th ority , a m atern ity leave o f absence w ith ou t pay and w ith ou t loss o f sen iority fo r a p eriod up to 6 m on th s beg inn ing n o earlier than the end o f the 5th m onth and n o later than the en d o f the 7th m on th o f pregnancy and end ing n o later than 4 m on th s after b irth . In n o event shall m atern ity leave ex ce e d 6 m onths.

Such a p p lica tion m ust b e m ade at least 30 d ays p rior to the date such leave is to b e c o m e e ffe ct iv e . T h e co m p a n y m ust b e n o t ifie d at least 30 days p rior to the date o f the e m p lo y e e ’ s in ten d ed resu m p tion o f active em p lo y m e n t.

Maternity leave could extend to adopted children, could be renewed, or could be lengthened or shortened to coincide with the school year:

(1 2 2 ) A m atern ity leave shall b e granted u p on a p hysician ’ s cert ifica tion o f p regn ancy . F o r each case o f m atern ity , an e m p lo y e e shall b e requ ired to take a leave o f absence w ith o u t p a y , co m m e n c in g n o t later than the end o f the 6th m on th o f p regn an cy . Such leave shall n o t ex ce e d 18 m on th s fo r any o n e case o f m atern ity .

A w om a n e m p lo y e e w h o a d op ts a ch ild m ay b e granted a leave w ith o u t pay fo r up to 18 m on th s.

(2 6 ) A s s o o n as any e m p lo y e e w h o is a m arried w om a n shall b e c o m e aw are o f her p regn an cy , she shall n o t i fy the superin tendent im m ed ia te ly and shall ap p ly fo r and receive a leave o f absence w ith o u t pay t o b e e ffe ct iv e beginn ing n o t later than the en d o f the 5 th m on th o f p regnancy and ex ten d in g fo r a p e rio d o f 1 year fr o m the date o f b irth . U p o n a p p lica tion o f the e m p lo y e e , an e x ten sion o f such leave m ay b e granted fo r a p eriod n o t e x ce e d 2 years. A n e m p lo y e e o n m atern ity leave w h o m ay desire to return to service p rior t o n orm al exp ira tion o f her m atern ity leave m ay subm it a w ritten request fo r the con sid era tion o f the S u p erin ten d en t, requesting such an earlier term ina tion date. Such a request is t o b e accom p a n ied b y a su pp ortin g statem ent fr o m her physician ind icatin g that the indiv idual is p h ysica lly ab le to resum e her regular duties. In an y case, w h ere a m atern ity leave has been granted , the e m p lo y e e shall n o t i fy the Superin tend ent in w riting at least 1 m o n th p rior t o term ination o f su ch leave, o f her in te n tio n t o return , resign o r to ap p ly fo r an e x ten sion o f the leave. In the case o f a teacher, the S u perin tendent is a u th orized to adjust the date o f return fr o m such a leave t o c o in c id e w ith the beg inn ing o f a s c h o o l term , o r w ith the best interest o f the pupils at the tim e. In an y case, w h ere a subsequent pregn ancy occu rs b e fo re the ex p ira tion o f either the original leave or the o p tio n a l e x te n s io n o f such leave, the e m p lo y e e is t o a p p ly fo r a new m atern ity leave w ith o u t pay as p rov id ed in these regu lations. S uch privileges shall b e lim ited to o n e ad d ition a l ap p lica tion .

A leave o f absence w ith ou t p ay m ay b e granted to care fo r an a d o p te d ch ild as fo llo w s : i f the ch ild ad op ted is less than 1 year o ld at the tim e o f a d o p tio n , said leave shall n o t e x ce e d 2 years; o th erw ise such leave shall n o t e x ce e d 1 year. U p o n a p p lica tion o f the e m p lo y e e , an

ex ten sion o f such leave m ay be granted fo r a p e r io d n o t to e x ce e d 1 year. In the case o f a teach er, the S uperin tend ent is a u th orized t o adjust the date o f return from such leave t o c o in c id e w ith th e beginn ing o f a s c h o o l term . In all cases w here a leave to care fo r an a d o p te d ch ild has been granted, e m p lo y e e s shall n o t i fy the S uperin tendent in w ritin g , at least 1 m o n th p rior to term in a tion o f su ch leave, o f their in ten tion to return , resign o r to ap p ly fo r an e x ten sion o f leave.

Education. O f all the types analyzed, leave for education was the least prevalent. (See table 25.) As a rule, the proposed program had to be job related, beneficial to the city, and approved by relatively high levels o f the agency or city hierarchy. The maximum length o f absence was at times left vague:

(6 7 ) Perm anent fu ll-tim e e m p lo y e e s shall b e e lig ib le to receive a leave o f absence w h ich d o e s n o t e x ce e d 1 fu ll year fo r the p u rpose o f fu rthering e d u ca t io n . Such e d u ca tion a l leaves sh ou ld b e d eterm in ed u p o n r e co m m en d a tion o f the D epartm ent H ead and w ith the approval o f the D iv ision D irector .

(3 ) A leave o f absence w ith o r w ith o u t p ay m ay be ob ta in ed as an ed u cation a l leave su b ject to the approval o f the F ire C om m ission er and w ritten approval o f the C ity M anager i f such is fo r the p u rp ose o f acqu iring ed u ca tion a l training w h ich w ill increase the e f f ic ie n cy and usefulness o f the e m p lo y e e t o the F ire D ep artm ent.

Some contracts stipulated that seniority would not accrue during absence, or that salary progress would continue as though the employee had remained on the payroll:

(1 2 3 ) A leave o f absence w ith o u t pay o f up to 2 years d u ration m ay b e granted to an y teacher u p on ap p lica tion fo r the p u rp ose o f engaging in fu ll-tim e stu d y at an a ccred ited co llege o r un iversity w h ich is related to his p ro fess ion a l responsib ilities. U p o n return fro m such leave, a teacher w h o shall have su ccessfu lly c o m p le te d the w ork fo r w h ich the leave is g iven shall b e p laced at the sam e p o s it io n o n th e salary schedu le as h e w o u ld have b e e n had h e taught in th e system during such a p e rio d .

(1 2 4 ) L eaves o f absence w ith o u t pay m ay b e granted fo r reasonable p eriod s fo r the purposes listed b e l o w . . . .

Training related t o an e m p lo y e e ’ s regular duties in an ap p rov ed ed u ca tion a l institu tion (sen ior ity shall n ot accru e during p eriod o f leave).

Contracts also might set reasons for refusal, protect the employee’s retirement program, and permit part-time employment during absence:

(1 2 5 ) Leaves o f absence w ith o u t pay shall b e granted u p on a p p lica tion fo r the fo llo w in g purposes:

a. S tu d y related to the s ch o o l secretary ’ s license fie ld ;b . S tu d y t o m eet e lig ib ility requ irem ents fo r a license

o th er than that held b y the s ch o o l secretary. . .

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T he B oard w ill re com m en d to the T eachers ’ R etirem ent B oard the granting o f retirem ent cred it fo r the duration o f the aforesa id leaves.

“ Urgent needs” o f the s ch o o l to w h ich the sch o o l secretary is assigned m ay b e asserted b y the B oard as ju stify in g a tem porary den ial o f any ap p lica tion fo r leave w ith o u t pay .

S ch o o l secretaries on m atern ity leave and s ch o o l secretaries on leave o f absence w ith o u t p ay fo r study and related professiona l exp erien ce shall b e p erm itted to p erform per d iem sch o o l secretarial service.

Short-term absences could be paid for, but approval might shift to a higher level o f authority as the duration o f the leave increased:

(1 2 6 ) T he S up erin tend ent, o r his designee, m ay grant perm ission to teachers to attend ed u cation a l m eetings w ith ou t loss o f pay , bu t perm ission to be absent fro m any assignm ent fo r m ore than 10 days (n o t necessarily con secu tive ) in any 1 year is granted o n ly b y the B oard o f E d ucation u p on the recom m en d a tion o f the Superin tendent, or his designee. A record o f the con d ition s o f such perm ission is k ep t o n file in the O ff ice o f the E xecu tive D irector fo r P ersonnel Services.

Miscellaneous leave provisions. City agreements contained a number o f provisions which were not tabulated separately, for example, leaves o f less than 1 day for voting or donating blood:

(1 2 7 ) G en era lly , an e m p lo y e e w ill b e a llow ed su ffic ien t o ff ic ia l tim e o f f to a llow 3 hours either a fter polls o p e n or b e fo re they close fo r registering o r votin g . U nder unusual circum stan ces, an e m p lo y e e can b e ex cu sed up to a fu ll day .

(1 2 8 ) A dm inistrative leave, n o t to e x ce e d 4 h ou rs, w ill be granted to e m p lo y e e s cov ered b y this agreem ent fo r the purpose o f d on a tin g b lo o d at the R e d Cross B lo o d Bank.

Leaves also were granted for military funerals:

(1 2 9 ) P erm anent fu ll-tim e em p lo y e s shall b e a llow ed to attend m ilitary funerals o f veterans w ith ou t loss o f pay w h en a request fo r the leave is m ade b y a p rop er veterans’ organ ization that the service o f such o ff ic e r or e m p lo y e e is d esired fo r the p ro p e r c o n d u c t o f a m ilitary funeral.

Finally, extended leave could be granted for Peace Corps duty:

(1 3 0 ) E m p loy ees m ay b e granted leave w ith o u t pay fo r Peace C orp s service. S uch leave is fo r 1 year and m ay be e x ten d ed n o t to e x ce e d 2 years.

A p rob a tion a ry e m p lo y e e returning fr o m the Peace C orps retains the p eriod o f p rob a tion a ry service ach ieved prior to his entry in to the service. E m p lo y e e s o n P eace C orps leave are given the b e n e fit o f any increm en ts w h ich w o u ld

have b een cred ited to them had they rem ained in active service w ith the D istrict.

T im e spent o n Peace C orp s leave m ay n o t b e cou n ted as active years o f e m p lo y m e n t in the d eterm in ation o f retirem ent e lig ib ility , bu t it w ill co u n t as accred ited service in the d eterm in ation o f the retirem ent a llow ance p rov id ed con trib u tion s based on his salary rate at the beginn ing o f his P eace C orp s leave are paid to the Pension F u n d b y the e m p lo y e e .

E m p lo y e e s are cred ited w ith regular sick leave a llow ance during their p eriod o f Peace C orps service.

Grievance and arbitration procedures

Negotiated grievance procedures in the city agreements studied were common, but not nearly as widespread as in private industry, where 99 percent o f the agreements referred to the handling o f employee complaints.9 O f the city contracts studied, 87 percent referred to a negotiated grievance procedure or to a negotiated system in conjunction with an agency procedure. (See table 26.)

Scope o f the grievance procedure. Although a grievance may be defined as any employee complaint relating to his job, not all agreements were as unrestricted in establishing what grievances could be taken through the system. In fact, only 87 percent o f the agreements containing a procedure attempted to define admissable complaints. (See table 27.) These were about evenly divided between those which permitted any and all matters to be grieved and those which limited use o f the negotiated procedure to complaints involving the interpretation and application o f the contract. Each category excluded certain issues from the grievance procedure.

Provisions with no restrictions on the scope o f the procedure typically consisted o f brief definitional statements, opening the procedure, for example, to “ any grievance” or to “ all differences and grievances” :

(1 3 1 ) “ E very civilian e m p lo y e e o f the P o lice D epartm ent shall have the right to present fo r con sid era tion any grievance w h ich he m ay have as t o any m atter a ffectin g his re lation sh ip to the D ep artm ent. . . . ”

(1 3 2 ) F or the p urpose o f facilitating the p eacefu l ad justm ent o f d iffe ren ces that m ay arise fro m tim e to tim e and p ro m o te ha rm on y and e ff ic ie n cy to the end that the a u th ority , its em p lo y e e s and the general p u b lic m ay m utually b e n e fit , the au th ority and the un ion agree to

9 See M a jo r C ollective Bargaining A g r e e m e n ts : G rievance P rocedures (B L S Bull. 1 4 2 5 -1 ,1 9 6 4 ) , table l , p . 2.

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m eet and deal w ith each o th er through their d u ly a ccred ited representatives o n all d iffe ren ces and grievances, in clud ing the in terpretation o f this agreem ent. . .

The amount o f detailed language, on the other hand, varied widely from clauses which limited the negotiated procedure to complaints over the interpretation and application o f the contract. Such provisions, for example, could be concise statements:

(6 ) A n y e m p lo y e e claim ing a b reach o f any prov ision o f this agreem ent shall refer the m atter to his supervisor w ith in 5 w ork in g days o f the date u p on w h ich the alleged v io la tion occu rre d . T h e e m p lo y e e m ay b e accom p a n ied b y a u n ion representative in any d iscu ssion fo llo w in g such referen ce to the supervisor.

(6 3 ) O n ly m atters involv ing the q u estion w h eth er the m unicipa l e m p lo y e r is com p ly in g w ith the express provision s o f this agreem ent shall con stitu te grievances under this article .

On the other hand, they could evolve into lengthy declarations which have legalistic language, and which include complaints over rules and regulations o f the city and agency, but exclude disputes over specific issues and certain other rules and regulations which had the force o f law, i.e., policy rather than personnel matters:

(5 6 ) T he term grievance shall m ean a real o r c la im ed v io la tion , m isinterpreta tion o r in eq u itab le a p p lica tion o f the rules, p roced u res , regu lations, adm inistrative orders o r w o rk rules o f the c ity , the D ep artm ent o f P u b lic S afety o r the P olice Bureau, w h ich relate to o r involve e m p lo y e e health or sa fety , physica l facilities, m aterials o r eq u ip m en t furn ished to e m p lo y e e s o r supervision o f e m p lo y e e s ; p rov id ed , h ow ever , that such term s shall n o t in clud e any m atter involv ing rates o f com p en sa tion , retirem ent b en efits , changes in the p ublished rules and regulations or established p roced u res o f the c ity , the D epartm ent o f P ublic S a fety o r the P o lice Bureau, o r any m atter w h ich is o therw ise review able pursuant to law or any rule o r regu lation having the fo r ce and e ffe c t o f law .

An agreement could provide a more liberal scope for union than for employee grievances:

(7 3 ) A u n ion grievance is a d iffe re n ce b e tw een the e m p lo y e r and the u n ion con cern in g (1 ) w ork in g co n d itio n s o r (2 ) the in terpretation o r ap p lica tion o f any p rov is ion o f this agreem ent and m ay b e processed d irectly t o S tep 2 o f the grievance p roced u re .

A n y e m p lo y e e grievance is a d iffe re n ce be tw een the e m p lo y e r and any e m p lo y e e con cern in g the in terpretation o r a p p lica tion o f any provision s o f this agreem ent.

Exclusions from the grievance procedure. Seventy-two agreements specifically excluded certain matters from the negotiated grievance procedure. These exclusions were as likely to be located in sections dealing with the subject matter as in the grievance clause itself.

Complaints over activities which were the responsibility o f civil service commissions or other legally established boards were excluded most frequently. Agency regulations or city ordinances would have to be changed to make these matters subject to collective bargaining or the negotiated grievance system:

(9 2 ) A n y m atter w h ich is su b ject to the ju r isd ic t ion o f the C ivil Service C om m ission or any R etirem en t B oard established b y law shall n o t be a sub ject o f grievance or arb itration hereunder.

Provisions also could exclude from grievance appeals any actions taken under State law, matters subject to special review under agency or State rules, and issues over which the agency had no jurisdiction:

(1 0 7 ) A grievance is d e fin ed to be an issue con cern in g the in terpreta tion o r a p p lica tion o f p rov ision s o f this agreem ent o r com p lia n ce th erew ith , p ro v id e d , h ow ever , that it shall n o t b e d eem ed to ap p ly to an y o rd e r , a c t io n , o r d irective o f the Superintendent o r o f a n y on e acting o n his b e h a lf, o r to any action o f the B oard w h ich relates or pertains to their respective duties o r ob liga tion s under the prov ision s o f the S tate S tatutes.

(1 3 3 ) . . . e x c e p t that the term grievance shall n o t a p p ly to an y m atter as to w h ich (1 ) a m eth od o f review is prescribed b y law , o r b y any rule o r regu lation o f the S tate C om m ission er o f E d u cation having the fo r c e and e ffe c t o f law , o r b y any b y -la w o f the B oard o f E d u cation o r (2 ) the B oard o f E d u ca tion is w ith o u t au th ority to act.

Union participation. Although most agreements allow an employee to process his own grievance, the employee organization ordinarily serves as his spokesman. Thirty-five percent o f the agreements required notice to the employee organization o f any grievance submitted to the city. (See table 27.) Commonly, this action occurred following the informal first step, after which the formal procedure started:

(1 3 4 ) I f an in form al d iscu ssion w ith his im m ediate supervisor can n ot settle a grievance, the aggrieved party shall present w ritten n o t ifica t io n o f the grievance w ith a request fo r a form al c o n fe re n ce . A c o p y o f the letter shall b e sent to the grievance c o m m itte e [ o f the a s s o c ia t io n ] .

Ordinarily, the employee organization would step in at this point to represent the aggrieved employee, if it had not already been called in for the informal discussion. When entering the dispute, the employee organization typically would investigate the complaint, and in its discretion would determine whether to carry it further in the formal grievance procedure:

(1 3 5 ) T o in itiate this grievance p roced u re , an aggrieved o f f ic e r shall ora lly con su lt w ith his im m ed ia te supervisor in o rd er to attem p t to settle the grievance. I f the grievance has n o t b e e n reso lv ed , the o f f ic e r shall, w ith in 2

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days, redu ce his grievance to w riting and shall receive a w ritten answer fro m his im m ed iate supervisor w ith in 2 days thereafter. <

I f the aggrieved o f f ic e r is n o t satisfied w ith the w ritten d eterm in ation o f the grievance, he shall then consu lt w ith the F O P w h o shall investigate the grievance.

I f a fter investigation the F O P considers the grievance to be a ju st o n e , the F O P shall subm it the grievance to the aggrieved o f f ic e r ’ s D iv ision C om m a n d er w ith in 3 days o f receip t o f the supervisor’ s w ritten report.

Procedural steps and time limits. Beyond the informal first step, the grievance typically is carried through successively higher levels o f appeal which coincide with levels o f supervision. The number o f steps obviously depends on the complexity o f the organization. These steps each involve a review o f the written statement o f the complaint, a meeting o f supervisors, employee and union, and finally, a written disposition o f the grievance, by the appropriate supervisor for the step. In this manner, a written record supplements oral presentations. Continued dissatisfaction with the dispositions results in the movement o f appeal to the next higher step.

To expedite grievances, time limits often are placed on various appeals and responses o f aggrieved employees, their representatives, and city management. The employee, for example, must initiate the grievance within a given time following the occurrence o f which the employee wishes to complain. Supervision must respond within specific time limits, and then the employee organization must appeal, i f dissatisfied with the response, to the next higher level under still another time limit:

(1 3 6 ) I f the fin d in g o r reso lu tion o f a grievance at any step o f the p roced u re is n o t appealed w ith in the p rescribed tim e, said grievance w ill b e con sid ered settled o n the basis o f the last answ er p rov id ed , and th e je shall be n o fu rther appeal o r review . S h ou ld the e m p lo y e r n o t respond w ith in the prescribed tim e, the grievance w ill p ro ce e d to the n ex t step.

These limits may vary; management may have fewer days to respond than the employee organization has to appeal, especially in the lower steps o f the procedure. Provisions may require prompter action in the lower, than in the upper steps o f the procedure.

In some cases, steps could be by-passed to facilitate settlement:

(1 3 7 ) T h e steps in the p roced u re set fo r th herein shall be fo llo w e d unless it is m utually agreed b y the appropriate supervisor and the grievant that the grievance sh ou ld be started at S tep 3 o r S tep 4 . . .

In others, steps could be bypassed, time limits extended, or personnel processing the grievance expanded to provide a flexible procedure tailored to particular complaints:

(7 0 ) M atters relevant to grievance proced u res . . .(b ) T h e tim e lim its in the p roced u re m ay b e e x ten d ed b y

m utual agreem en t, in w ritin g .

( c ) A n y step o f the grievance p roced u re m ay b e byp assedb y m utual agreem en t, in w riting . . . *

(e ) In the case o f a g ro u p , p o licy o r organ ization typ e grievance, the grievance m ay b e su bm itted d irect ly to the d epartm en t head b y the u n ion .

(1 ) A n y tim e lim its stipu lated in the grievance p roced u re m ay b e e x ten d ed fo r stated p eriod s o f tim e b y the ap p rop ria te parties b y m utual agreem ent in w riting .

A grievance hearing o n the interest o f a m a jority o f the em p lo y e e s in the bargaining unit shall b e red u ced to w riting b y the un ion and m ay b e in trod u ced at S tep 3 o f the grievance p roced u re . . .

A s a m eans o f fa cilitating settlem ent o f the grievance, e ither p arty m ay in clu d e an ad d ition a l m em ber o n its co m m itte e . . .

When all appeals have been exhausted and the employee still i s . dissatisfied with management’s response, the employee organization may reassess the issue to determine further action. If the complaint is to be continued, the union could negotiate with city management:

(8 0 ) In presenting a grievance, the fo llo w in g successive steps m ust be taken until its s e t t le m e n t . . .

(5 ) T he grievance w ill be su b ject to n eg otia tion b e tw e e n the u n ion business agent and the B oard o f Street R ailw ay C om m ission er ’ s.

This step may be intermediate or final and may lead toarbitration.

Arbitration. As the final step in the process, 72 percent o f agreements in cities compared with 90 percent in private industry provided for arbitration. (See table 28.)10 In the move from grievance to arbitration, the scope o f the procedure often is narrowed to issues involving interpretation and application o f the contract:

(1 3 8 ) F inal and b in d in g arbitration m ay b e resorted to o n ly w hen issues arise be tw een the parties hereto w ith re ference t o the in terpreta tion , a p p lica tion o r e n fo rce m ent o f prov ision s o f this agreem ent.

10See “ M ajor C o lle ctive Bargaining A greem ents: A rb itra tion P roced ures” (B L S B ulletin 1 4 2 5 -6 ,1 9 6 6 ) , p . 7 .

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Provisions may specify a single arbitrator or an arbitration board, consisting usually o f equal numbers o f representatives o f each party who, in turn, select the impartial members o f the panel. If the panel or parties cannot agree on the arbitrator, they may turn to a government agency for a list o f qualified persons from whom a final selection is made. Often alternate names are struct HI only one person is left:

(139^ . If they cannot agree on a fifth memberj , ;>e first 3 working days after their first meeting,

the:, the [employer] and the union shall jointly apply to the [Federal] Mediation and Conciliation Service for a list o f at least seven arbitrators. The parties shall alternately strike names from such list, the union to strike first, and the last remaining name shall be the sole arbitrator. . .

To expedite the decision, time limits likewise are placed on the grievance system at various stages o f the arbitration process: The initial meeting o f the board, hearings, and the arbitrator’s decision.

Most o f the agreements authorizing arbitration specified the status o f the arbitrator’s decision. Binding arbitration prevailed. O f the 188 contracts containing a clear stipulation o f status, 147 established binding arbitration:

(26) The decision o f the arbitrator, if made inaccord: nc with his jurisdiction and authority, as defined here? '■ Ne accepted as final by the parties to thedispute and both will abide by it.

As in private sector agreements, the jurisdiction and authority o f the arbitrator often was spelled out in some detail to protect the agreement from any revision resulting from his decision:

(140) The decision o f the arbitrator shall be final and binding upon the parties, except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends any right or relief prior to the effective date o f this agreement, or which modifies or abridges the rights and prerogatives o f municipal management under Article IV o f this agreement.

(108) . . . The arbitrator will follow and be bound bythe rules o f procedure adopted by the American Arbitration Association. The arbitrator shall fix a time, and a place for a hearing upon reasonable notice to each party. After such hearing the arbitrator shall promptly render a decision which shall be binding upon both parties but the arbitrator shall have no power to render a decision which adds to, subtracts from or modifies this agreement; the decision shall be confined to the meaning o f the contract provision which gave rise to the dispute. . .

Under advisory arbitration, the employer may accept, reject, or modify the arbitrator’s decision. Advisory arbitration clauses, however, were in the minority in this

study. Usually, they designated the highest authority in the agency or the city in whose hands power rested. It could be the mayor, agency head, or a designated official:

(67) The arbitration panel shall render its decisionbased on a majority vote not later than 30 calendar days after the conclusion o f the final hearings. Such decision shall be reported to the Chief Administrative Officer o f the city o f Memphis and to the union and shall be a matter o f public record, and shall be advisory to the Chief Administrative Officer who is hereby designated by the Mayor to render a final binding decision.

In the remaining provisions, the status o f the arbitrator’s decision varied with the subject matter. For example, in the following illustration, binding arbitration applied to grievances over wages, hours, and working conditions and advisory arbitration to disciplinary matters:

(141) The specific exceptions noted above are not intended to limit the right o f the union to proceed to final and binding arbitration in disputes affecting the entitlement o f employes to existing and established wages, hours, and conditions o f employment as specifically set forth and referred to in Schedule “ A” attached hereto unless otherwise noted in said schedule. . . .

. . . Only the union may request advisory arbitration on behalf o f an employe who has been disciplined, provided that the action is properly appealable under the provisions of [pertinent] Wisconsin Statutes in accordance with the rules and regulations promulgated thereunder by the Commission; and provided further, that the union shall file with the Commission within 3 days following the determination by such department head, an appeal in writing requesting advisory arbitration. . .

One agreement indicated that arbitration was binding on management, if it was in the city’s favor. However, the arbitrator’s decision, if not in favor, could be overruled by a vote o f the city’s legislative body:

(142) If the decision o f the arbitrator is in favor o f the employer, the same shall be final.

The employer shall abide by the decision o f the arbitrator unless by a majority vote o f all members o f the Board o f Commissioners, the decision o f the arbitrator shall be rejected.

The arbitrator’s decision usually had to be submitted in writing. Over 90 percent o f the arbitration clauses also called for equal sharing o f arbitration costs. However, costs generated by one party often were paid by that party:

(143> Arbitration proceedings may be initiated by either party within 15 days o f the written disposition o f

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such grievance by the D ep u ty M ayor fo r L abor N egotia tion s. The d ecis ion o f such arbitrator shall b e in w riting and bin din g u p on the parties hereto.

. . . A ll expen ses w h ich m ay be in vo lved in the arbitration proceed ings shall be b o rn e b y the parties equ ally . H ow ever, expen ses relating to the calling o f w itnesses o r the ob ta in in g o f d ep osit ion s o r any other similar expen se associated w ith such p roceed in gs shall be b orn e by the party at w h ose request such w itnesses or d ep osition s are required .

(8 5 ) E ach party shall bear the expen ses and fees o f the m em ber a p p oin ted b y it and its ow n expen ses involved in the m atter. A ll o th er expen ses incurred b y the B oard includ ing the m aking o f a re co rd , as the B oard deem s it necessary , shall be b o rn e equ ally b y the parties. T he reim bursem ent o f w ages fo r em p loy ees called as w itnesses, w here a loss o f w ages had been incurred b y said e m p lo y e e , shall be paid b y the party calling such w itness.

Disciplinary procedures. Although disciplinary procedures commonly are spelled out in civil service or personnel manuals, they also were referred to in almost 40 percent o f the agreements studied. (See table 29.) In many cases, the contract referred only to existing procedures, in effect, and incorporated such procedures into the contract. In the following illustration the only addition, would appear to be a statement that reprimands would be made in private:

(1 3 6 ) D iscip linary a c t io n , d ischarge, red u ction in pay o r p o s itio n or suspension fo r m ore than 30 days shall b e govern ed b y the R ules o f the B oard o f Fire C om m ission ers and the C ivil Service C om m ission . I f the E m p lo y e r has reason to reprim and an e m p lo y e e it shall be d o n e in a m anner that w ill n o t em barrass the em p lo y e e b e fo re o ther e m p loy ees o r the p u b lic .

Some contracts defined the union role in disciplinary cases. In some, the union was notified o f any planned disciplinary actions. The union or association was permitted to participate in the procedure, often informally for lack o f any further contracted definition o f the employee organization’ s role, to protect the rights o f the disciplined employee:

(2 5 ) A p erson against w h o m discip linary a ct io n is p ro p o se d shall b e served w ith a w ritten c o p y o f the charges preferred against h im and shall have 10 days to answer in w riting. A c o p y o f the charges shall also be served u p on the U n ion . T he answ er shall b e served u p on the D epartm ent H ead. Failure to serve a w ritten answer w ith in the tim e p eriod p rov id ed fo r herein shall be d eem ed adm ission o f the charges.

More frequently, disciplined employees had recourse to the negotiated grievance procedure. (See table 29.)

(1 0 7 ) A n y e m p lo y e e w h o is redu ced in status, suspended fo r m ore than 15 days, rem oved , o r d ischarged

m ay, w ithin 5 w ork in g days after receip t o f n o t ice o f such a c t io n , file a grievance as to the just cause o f the d ischarge, suspen sion , o r d iscip lin e im posed u p on h im . . . .

In the following illustration, disciplinary cases first would go through normal review procedures, and then additionally might undergo advisory arbitration under a contractually established grievance panel:

(1 4 4 ) It is the p o licy o f the B oard that the d ischarge o f an e m p lo y e e sh ou ld b e based o n g o o d and su ffic ien t reason and that such action sh ou ld b e taken b y the supervisor having such a u th ority o n ly a fter he has given due con sid era tion to the m atter.

I f a per annum o r per m o n th ly e m p lo y e e w ith m ore than three m onths o f c o n tin u o u s service is d ischarged, or if an hourly employee with more than the equivalent of one school term of continuous service is discharged he shall, u p o n his requ est, be given a w ritten n o t ice o f d ischarge and a statem ent o f the general reasons fo r such a c t io n . Such e m p lo y e e w ill a lso , u p o n his requ est, b e a ffo rd e d an o p p o r tu n ity fo r a p ro m p t and care fu l review o f the discharge in a ccord a n ce w ith the p rov ision s o f rev iew p roced u res p rescribed b y the B oard o f E d u cation .

T h e D ischarge R eview P roced u re shall in c lu d e , as a fu rther step , a prov ision fo r “ ad v isory arb itration ” b y the G rievance Panel established under A rtic le X II o f this agreem ent. T he recom m en d a tion o f the Panel shall be transm itted b y the chairm an to the Superin tendent o f S ch o o ls . W ithin 10 s c h o o l d ays after the date the recom m en d a tion is received b y the Superin tendent o f S ch o o ls , he shall ind icate w heth er he w ill a ccep t the Panel’ s reco m m e n d a tio n . Unless the Superin tendent o f S ch o o ls d isapproves the recom m en d a tion w ith in 10 s ch o o l days a fter the date it is received b y h im , the recom m en d a tion shall be d eem ed to b e his d ecis ion .

A few clauses also provided for speedy review o f disciplinary actions. Steps o f the grievance procedure could be by-passed by permitting the case to go directly to binding arbitration:

(5 1 ) E m p loy ees m ay e lect to have their d iscip linary d ispos ition arbitrated . . . . A n e m p lo y e e dissatisfied w ith the d iscip linary d ecis ion o f the o f f ic e r issuing such order and w h o signifies a long w ith his bargain ing agent a desire to have his d iscip lin e arbitrated w ith in 5 d ays after he receives the d ecis ion o f the o f f ic e r issuing such ord er and he d oes n o t appeal to the Civil Service C om m ission w ith in the tim e lim its set fo rth in the C ity C harter, he shall have the d ecis ion o f the o f f ic e r issuing such ord er , arbitrated .T he arbitrator shall have the au th ority to a ffirm , d isa ffirm or m o d ify the d ecis ion o f the o f f ic e r issuing such order.T he arb itrator ’ s d ecis ion shall b e final and b in d in g o n all parties.

Some o f the agreements provided that in discharge cases an employee could elect either to file a grievance

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through the negotiated grievance procedure or utilize pre-existing civil service or agency procedures:

(1 4 5 ) T he e m p lo y e r shall n o t d ischarge any em p lo y e e w ith ou t just cause. In any case involv ing d ischarge, the e m p lo y e e m ay con test the d ischarge and m ay e lect to use the grievance p roced u re a n d /o r the Civil Service p roced u re .

No-strike provisions. As collective bargaining has expanded, so have contract pledges not to resort to strikes or similar actions during the term o f the agreement. Although most jurisdictions either explicitly or implicitly prohibit work stoppages, such clauses usually, are included as tradeoffs for an operating, viable grievance and arbitration procedure that permits city employees to initiate and carry their complaints through several levels o f appeal to final resolution. O f the agreements studied, nearly two-thirds contained nostrike provisions:

Agreements WorkersAll agreem ents..................................... 286 613,490Having no-strike provisions ............. 190 463,195No reference to no-strike provisions . 96 150,295

Some clauses strictly enjoined the signatory employee organization from engaging in any activities which might result in a stoppage:

(1 4 6 ) T he associa tion shall neither cause n o r cou n se l its m em bers, o r any o f th em , to strike fo r any reason during the term o f this A g reem en t, n or shall it in any m anner cause them d irect ly o r in d irectly to co m m it any c o n ce r te d acts o f w o rk stop p a g e , s low d o w n , o r refusal to p e rfo rm any cu stom a rily assigned duties fo r the m unicipal e m p lo y e r , n a m ely , the c ity , fo r any reason during the term o f this agreem ent.

Under the following provision, the employee organization additionally acknowledged that it had no right to strike, would disavow any stoppage that might occur, and would work to bring about its termination:

(1 4 7 ) T here shall b e n o strike o r lo c k o u t during the term o f this agreem ent. T h e u n ion recogn izes that it d oes n o t have the right t o strike against the A u th o r ity or to assist o r participa te in an y such strike o r im p ose a d u ty or o b lig a tio n to c o n d u c t , assist, o r participa te in any such strike.

N o e m p lo y e e covered b y this agreem ent shall engage in , in d u ce or encou ra ge any strike, w o rk stop p age , s lo w d o w n , o r w ith h old in g o f service. T he u n ion agrees that neither it n or any o f its o ff ice r s o r agents w ill call, instigate, au th orize , participa te in , san ction or ratify any such strike, w o rk stop p age , s lo w d o w n o r w ith h old in g o f services.

S h ou ld an y e m p lo y e e o r g rou p o f em p loy ees cov ered b y this agreem ent engage in an y strike, w o rk

stopp age , s lo w d o w n or w ith h old in g o f services, the U n ion shall forth w ith d isavow any su ch strike, w o rk stop p a g e , s lo w d o w n or w ith h old in g o f services and shall refuse to recog n ize any p icket line established in c o n n e ct io n herew ith . F u rth erm ore , at the request o f the A u th o r ity the un ion shall take all reasonable m eans t o in d u ce such e m p lo y e e o r g rou p o f e m p lo y e e s to term inate the strike, w o rk stop p a ge , s lo w d o w n o r w ith h old in g o f services and to return to w o rk fo rth w ith .

Although not permitting a strike among city employees, the following clause allowed municipal employees to refuse to cross the picket line established by other unions:

(1 4 8 ) T here w ill b e n o strike, refusal to w o rk , s lo w d o w n , sit dow n o r p ick eting b y the u n ion or m em bers, o r lo c k o u t o n the part o f the e m p lo y e r during the term o f the agreem en t, p ro v id e d , h o w ever , that a m em ber o f the un ion m ay refuse to enter u p o n the prem ises o f an y o th er e m p lo y e r , i f the e m p lo y e e s o f such e m p lo y e r are engaged in a strike ratified o r a p p roved b y a representative o f such e m p lo y e e s w h o m such o th er e m p lo y e r is required to recogn ize pursuant to an a p p licab le State law or the L abor M anagem ent R ela tion s A ct o f 1 9 4 7 , as a m en d ed .

Official tim e fo r grievances and negotiations. O f the 286 agreements, 177 or 62 percent provided official time for grievance preparation or hearings, or contract negotiations. (See table 30.) In 28 percent o f the agreements, employees or their representatives were allowed paid time to prepare for grievance meetings, and in 44 percent, they were allowed official time to engage in hearings or otherwise process the grievance. The first illustration allows time for both the employee and employee organization representative. The other two refer only to employee representatives. All require notification to city management or its prior approval:

(1 1 5 ) A n e m p lo y e e and his stew ard o r o th er representative shall be a llow ed tim e o f f fro m regular duties w ith pay fo r a tten d ance at sch ed u led m eetings under the grievance p roced u re w ith p rop er n o t ifica t io n to their respective supervisors.

(1 4 9 ) U p on w ritten a p p lica tion b y the president o f the P rincipals C lu b to the d istrict superin tendent in v o lv ed , a C lub representative m ay be a llow ed reasonable tim e during s c h o o l hours to investigate grievances o f principals.

(1 5 0 ) R eason ab le tim e necessary to p rocess grievances w ill be granted to the P resident, F irst V ice President, S e co n d V ice P resident, Secretary-T reasurer, Business A gent and S ta tion R ep resentative u p on the sp e c ific approval b y the A ssistant C h ie f o r C h ie f.

The last two illustrations also referred to “ reasonable” time to prepare or process grievances. In some

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instances, the amount o f time permitted was specified; thus, time o ff was limited:

( 1 5 1 ) C hapter chairm en shall be a llow ed tim e per w eek as fo llo w s fo r investigation o f grievances and fo r o th er appropriate activities relating to the adm in istration o f the agreem ent and to the duties o f their o f f i c e :

(1 ) In the e lem entary sch o o ls , three add itiona l preparation periods e ffe ct iv e S ep tem ber 1969 and fou r ad d itiona l preparation p eriod s e f fective S ep tem ber 1 9 7 0 :

(2 ) In the ju n io r high sch o o ls , and in the high sch o o ls , re lie f fro m h o m e ro o m or o ffic ia l class.

(8 0 ) C ertified execu tive b o a rd m em bers o f the un ion ,n o t to ex ce e d o n e fo r each term inal, w ill each b e a llow ed a m axim u m o f 2 0 hours p ay per w eek t o fu lly com p ensate them fo r tim e con su m ed in settlem ent o f grievances, assisting term inal p ick s o f runs and o f f days, a ttending d epartm en t sa fety m eetings, a ttending m eetings w ith representatives o f the d ep a rtm en t, w h eth er sam e b e called b y e m p lo y e r o r the u n ion , assisting in the U n ited F ou n d a tion T o rch D rive, and o th e r such co m m u n ity w id e drives, and fo r engaging in an y activities bearing u p on lab or relations w ith the D epartm ent o f Street R ailw ays.

Monthly or annual time allowances for grievances also could be expressed:

(8 4 ) T he hospital w ill pay the straight tim e regular rate fo r au th orized tim e actually spent b y u n ion representative em p lo y e e s o f the hospita l engaged in handling grievances during their regular w ork in g hou rs n o t to e x ce e d in to ta l the first o n e hundred tw en ty (1 2 0 ) hou rs per m on th so spent fo r all stew ards o r m em bers o f the grievance com m ittee co m b in e d . T he h osp ita l shall n o t b e required to pay fo r any tim e spent b y u n ion representative hospita l e m p loy ees in c o n n e ct io n w ith arb itration p roceed in gs.

(1 5 2 ) G rievance c o m m itte e m em bers w ill b e p erm itted to leave their w o rk w ith o u t loss o f p ay to the ex ten t o f 4 ,1 6 0 tota l hours fo r the p urpose o f handling grievances ab ove the level o f sen ior au to repair fo rem a n , and the handling o f o th e r un ion -d ep artm en t business.

A few contracts provided that time lost in processing or adjusting grievances would not be compensable, but employees would be excused from duty for such activities:

(1 5 3 ) A n y e m p lo y e e w h o has in v o k e d the grievance p roced u re herein b e fo re set fo r th w ill, u p o n a p p lica tion to his su perior, b e e x cu sed fr o m d u ty fo r the purpose o f a ttend ing a sched u led co n fe re n ce o r hearing th ereon ; and such e m p lo y e e w ill also b e e x cu sed fr o m d u ty fo r the purpose o f con ferrin g w ith U n ion o ff ic ia ls in regard t o such grievance w here it is sh o w n t o the satisfaction o f his superior that it is im practicab le fo r such co n fe re n ce to b e held w hile o f f d u ty , b u t every reasonable e f fo r t shall be m ade b y U n ion o ffic ia ls to h o ld su ch con fe re n ce s during n o n -d u ty p eriods.

E m p loy ees ex cu sed from d uty io r the above p urposes shall n o t receive pay fo r the tim e o f f .

Other provisions stated that time spent processing grievances or at the grievance hearing would not be paid:

(1 3 8 ) A ll parties agree to b e b o u n d b y the fo llo w in g subparagraphs . . . T hat all grievances e x ce p t em ergencies involv ing the im m ediate safety o f the e m p lo y e e are to be p rocessed o n the e m p lo y e e ’ s tim e.

(1 5 4 ) A ll grievance hearings shall b e held ou tsid e o f the n orm al w ork in g hours o f the grievant o r grievants in vo lved so as n ot to in terfere w ith their w ork in g responsib ilities. A representative o f the A ssoc ia tion m ay a cco m p a n y and represent the grievant at all steps o f the grievance p roced ure.

More than 34 percent o f the agreements authorized negotiations on the employer’s time. (See table 30.) Clauses o f this type varied from simple statements that compensation would be allowed for “ reasonable” time spent while negotiating with the city to provisions which limited the amount o f paid time permitted:

(1 5 5 ) E m p lo y e e s shall b e com p en sated fo r reasonable tim e spent aw ay fr o m w o rk w h ile representing the U n ion in the arb itration o f a grievance or w h ile negotiating a c o n tra ct w ith the C ity o f B oston .

(1 2 2 ) T h e u n ion shall advise the B oard o f the nam es o f its n egotia tors . T h e u n ion shall b e a llow ed a to ta l o f n o t t o e x ce e d 16 h ou rs o f e m p lo y e e ’ s base salary fo r tim e spent in n eg otia tion s during the regular w ork in g hou rs during the life o f this agreem ent. T he u n ion shall d eterm in e the a llo ca tion o f the hou rs am ong the m em bersh ip during the n egotia tion s.

Negotiation impasse procedures and related matters

Negotiations involve the city management and the employee organization in joint discussions and operate within the constraints o f the city’s laws, administrative rules, and budget. The purpose o f such negotiations is to reach agreement on wages and working conditions without resorting to strikes. Verbal agreements may be involved or a unilateral promulgation o f the executive or legislative branches may result in which the role o f the union is not clearly identified. However, a written contract similar to those in the private sector also may culminate.

For negotiations, the employee organization usually assembles several members into a committee to meet with management. In addition to the organization’s principal officers, it ordinarily may contain several stewards or specially elected members. In almost 15 percent o f the agreements studied, a provision governed such negotiating committees:

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A g r e e m e n t s W o r k e r sAll agreements....................................... 286 613,490Referring to negotiating

committees .................................... 42 73,427No reference to negotiating

committees .................................... 244 540,063

The preceding tabulation clearly understates the extent of negotiating committees since they exist in all cases where an agreement has been reached.

Provisions usually specified the size of negotiating committees and the regulations granting time off, with or without pay, in negotiations:

(87) The Employer agrees to recognize a Negotiating Committee of seven employees from the plant who will be released from work (unless an emergency exists) with pay for negotiating sessions between the Union and the Employer to a maximum of 12 sessions.

Negotiation pay for each session will amount to pay for one shift at the employee’s regular straight-time hourly rated pay, including shift differential, if any. Shift paid for and not worked shall count as hours worked for computing overtime.

A shift man scheduled for the night or evening shift shall be excused with pay from his shift.

In city negotiations as in the private sector, collective bargaining may become prolonged. To avoid undue delays, negotiators in the private sector always have the expiration date of the existing agreement as a motivation to complete bargaining. The “no contract, no work” incentive, however, is constrained in many cities by law. For this and other reasons dictated perhaps by budget deadlines, the parties occasionally have written deadlines and even negotiating schedules into current contracts:

(156) Conferences and negotiations shall be carried on by the parties hereto as follows:

Step 1. Submission of Association’s demands to the city by February 1.

Step 2. Submission of city’s demands (within 6 weeks) by March 15.

Step 3. Negotiating meetings shall commence (within 4 weeks) by April 15.

Step 4. Mediation, if any, begins by July 15.

Step 5. Factfinding, if any, begins by August 1.

Step 6. Recommendations of the factfinder to be issued by October 15.

If the parties reach an impasse, they at times may resort to the following third party procedures in overcom ing obstacles: factfinding, mediation, and arbitration. One or a combination of these procedures was specifically referred to in 62, or 22 percent, o f the agreements studied. (See table 31.) Over half of the 62

agreements provided for at least two of these procedures. Mediation was found most frequently, followed by factfinding and then arbitration. The low, overall prevalence cannot be construed to mean that few cities have impasse procedures, since in many cases they are established on an ad hoc basis. For example, the parties may request a prominent citizen or group of citizens to enter the dispute as fact-finders or mediators, and, in rare instances, as arbitrators.

The amount of detail on impasse procedures written into the agreement may vary. The first illustration refers to mediation. The second provision has considerable detail on the make-up and responsibilities o f the fact-finding committee. The third clause has given somewhat less detail on the arbitration board to be established in the event of impasse, size and composition of the board, final and binding authority, and prohibition against strike or lockout:

(157) With respect to the status of this memorandum of understanding during negotiations and after termination thereof, the parties recognize joint responsibility and agree to provide continuing service to the end that educational processes and the work of the departments in the bargaining unit be not interrupted. If, during the course of negotiations, an impasse appears likely, every effort shall be made fey them to resolve the dispute. In accomplishing this purpose, joint request for mediation services may be made.

(134) If the parties fail to reach agreement by November 15 of each year on any matters which are the subject of negotiations, either party shall have the right to refer such matters to a factfinding committee of not more than three impartial persons to be selected by mutual agreement. In the event the parties are unable to agree upon persons to act as factfinders within 10 days after the initiating party has notified the other of its decision to submit the disputed matters to factfinding, the factfinders, upon request of either party shall be designated by the Board of Education Employment Relations Board. The costs, if any, of such factfinding, shall be borne equally by both parties.

The factfinding committee shall immediately, upon its appointment, meet with the parties and endeavor to help the parties reach a mutually satisfactory agreement. If no such agreement is reached, the factfinding committee shall submit to the parties its report with recommendations at least 1 week prior to the last scheduled meeting of the Board in December. The committee may withhold any publication of its report if it believes that such withholding will aid in the settlement of a dispute. However, in such report either party shall have the right to publish the report in the event no agreement is reached 10 days after its receipt. Notwithstanding the reference to November 15, in the foregoing, any matters may be submitted to a factfinder or factfinders at any time by mutual consent of the parties. In that event, the other provisions of this Article shall apply.

40


(1 5 3 ) In the ease o f any labor d ispute w here co llective bargaining d o e s n ot result in agreem ent after all reasonable e ffo rts to agree in g o o d faith, the same be su bm itted at the w ritten request o f either p:u-> to a b oa rd o f arb itration c o m p o se d o f three persons as hereinafter p rov id ed , on e to be ch osen 1 v th>' V u 'h - 'r v on e to be chosen b y the U n ion , and the tw o thus selected to select a third disinterested arb itrator; the findings o f the m ajority o f said b oa rd o f arbitration shall be final and bin din g o n the parties th e re to ; all con tra ct con d ition s shall rem ain undisturbed and there shall be n o lo ck o u ts , strikes, w a lk ou ts or in terferen ce w ith o r in terru ption o f service during the arbitration p roceed ings.

Savings Clauses. Once the agreement is ratified and signed, conditions are set for the duration of the contract—unless a clause subsequently is declared invalid or illegal. To permit the rest of the agreement to remain

i i i . t in t ; n e a t !> • v ! f i * • *’ • *s

'merits sunbed, covering 329.420 employees, in- ;.*>?poruicd a sa\mgs clause into the contract. These provisions provided that invalid clauses would not harm ’lie • •! confuKt hot. instead, i-»V he renegotiated:

(1 0 4 ) I f any article o r section o f this agreem ent or any a d d iii >n th ereto sh ou ld b e held invalid b y op era tion o f law o r b y any tribunal o f co m p e te n t ju risd iction , o r i f com p lia n ce w ith or en fo rce m e n t o f any article o r section sh ou ld be restrained b y such tribunal, the rem ainder o f this agreem ent and addenda shall n o t be a ffe cted th ereby , and the parties shall enter in to im m ediate co lle ctive bargaining n egotia tion s fo r the purpose o f arriving at a m utually sa tisfa ctory rep lacem ent fo r such article or section .

Table 7. Union security, dues checkoff, and management rights provisions in municipal agreements in cities w ith populations o f 250,000 and over, by region, 19701

Region All agreements Union security

Dues checkoff

Management rightsTotalWith reimbursement of costs to the city

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total ............................. 286 613,490 92 103,276 220 538,410 19 18,785 169 249,180

New England........................ 24 22.630 21 22,001 21 20,001 21 1 7,716Middle A tlan tic ................... 71 342,800 13 15,946 55 304,652 4 7,050 22 54,246East North Central ............ 82 137,849 32 53,379 71 134,366 7 3,685 72 101,191West North C entral............ 7 6,750 1 650 6 4,050 5 3,650South Atlantic ................... 24 48,612 2 2,550 20 38,612 1 350 20 37,262East South Central ............ 20 8,690 10 981 20 8,690 1 100 9 7,635West South C entral............ 3 3,960 1 60 2 760 1 60Mountain ............................ 13 10,478 2 178 8 8,828 5 7,350 4 8,100Pacific................................... 42 31,721 10 7,531 17 18,451 1 250 15 19,320

1 See table 1, footnote 1. NOTE: Data are nonadditive.

41


Table 8. Union security, dues checkoff, and management rights provisions in municipal agreements in cities w ith populations o f 250,000 and over, by occupational group and government activity, 19701

Occupational group and government activity

All agreements Union security

Dues checkoff

TotalWith reimbursement

of costs to cityManac

rigjementihts

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

O C C U P A TIO N A L G RO UP

Total .......................... 286 613,490 92 103,276 220 538,410 19 18,785 169 249,180

Blue-collar or manual crafts 119 133,668 48 34,880 91 102,484 10 9,850 73 92,848Professional or technical . . 68 210,889 14 17,796 54 194,726 4 4,915 34 61,623C lerica l................................. 11 10,850 4 3,600 10 10,250 1 150 7 5,250Police or f i r e ........................ 46 57,424 9 12,200 32 38,264 1 450 25 22,674Blue-collar and clerical2 . . 8 5,016 3 3,050 6 3,316 5 3,242Professional and clerical . . 5 14,200 1 600 4 12,300 3 8,300Blue-collar and professional 3 2,200 2 1,750 2 1,750 2 1,750Blue-collar, clerical,

professional, or technical 15 20,170 8 10,700 14 19,270 2 1,420 14 19,070Occupation not given . . . . 11 159,073 3 18,700 7 156,050 1 2,000 6 34,423

G O V E R N M E N TA C T IV IT Y

Total .......................... 286 613,490 92 103,276 220 538,410 19 18,785 169 249,180

Police2 ................................. 22 26,674 4 7,100 15 15,174 1 450 12 13,250F ire ......................................... 25 30,824 5 5,100 18 23,164 13 9,424Education............................. 79 246,700 9 21,100 63 227,100 6 6,835 33 74,790Public w e lfa re ...................... 1 350 1 350 1 350Public works-maintenance

of buildings and roads . . 28 7,884 12 2,931 25 7,419 3 1,600 20 7,198Sanitation ............................. 14 18,080 4 210 12 5,230 7 2,520Housing au thority .............. 13 7,092 6 1,100 11 1,992 3 700 9 1,564Transit systems and

authorities........................ 22 65,441 14 23,691 15 56,991 3 5,500 20 64,410Port au th orities .................... 3 629 1 29 2 179 1 29Turnpike and tollbridge

authorities........................ 1 100 1 100 1 100 1 100Public utilities: water,

electric, gas ..................... 11 2,266 2 175 6 1,921 3 375Recreation facilities .......... 2 650 2 650 1 550Public health: hospitals

and clinics ........................ 19 7,946 10 2,516 15 6,316 18 7,858Libraries............................... 9 5,136 4 584 6 2,284 2 1,700 5 2,870Legislative, judicial, and

administrative activities . 7 8,131 3 140 4 6,640 4 6,640City wide activities.............. 30 185,587 17 38,500 24 182,900 1 2,000 21 57,252

1 See table 1, footnote 1. N O T E : Data are nonadditive.2 Includes one police agreement covering civilian, blue-collar,

and clerical employees.

42


Table 9. Types of union security provisions in municipal agreements in cities with populations o f 250,000 andover, by city size, 1970

Provisions All agreementsCity size1

1,000,000 and over 500,000-999,999 250,000-499,999Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ ,286 613,490 69 386,277 129 156,552 88 70,661

Total with union security ............ 92 103,276 28 54,790 37 36,508 27 11,978Union shop ............................... 23 15,500 3 10,950 8 3,878 12 672Modified union s h o p .............. 10 8,810 6 6,150 - - 4 2,660Agency shop ............................. 39 59,147 8 29,350 21 22,001 10 7,796Maintenance of membership . 20 19,819 11 8,340 8 10,629 1 850

No reference to union security . . 194 510,214 41 331,487 92 120,044 61 58,683

1 City size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census. Tables cover

all cities of 250 ,00 0 inhabitants or more which had written agreements and which made these agreements available.

Table 10. Antid iscrim ination provisions in municipal agreements in cities w ith populations o f 250,000 and over by region, 1970 1

RegionAll agreements

Having an antidiscrimination provision

Agreements Workers

Agreements Workers

Total ................. 286 613,490 183 335,312

New England.............. 24 22,630 24 22,630Middle A tlan tic .......... 71 342,800 46 135,156East North Central . . 82 137,849 44 101,175West North Central . . 7 6,750 5 3,400South Atlantic .......... 24 48,612 18 35,562East South Central . . 20 8,690 19 8,616West South Central . . 3 3,960 2 3,900Mountain ................... 13 10,478 11 9,928Pacific.......................... 42 31,721 14 14,945

1 See table 1, footnote 1.

Table 11. Selected provisions governing activities o f employee organizations in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970

City Size1Provisions All agreements 1,000,000 and over 500,000-999,999 250,000-499,999

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Meetings on company timeor premises.................................... 58 220,153 19 134,715 30 63,938 9 21,500

Bulletin boards ............................... 155 332,619 34 162,655 82 128,814 39 41,150Visitation rights...............................Rights and duties of employee

organization personnel

105 225,838 25 89,975 54 102,694 26 33,169

Representative.......................... 70 124,541 19 50,000 25 43,005 26 31,536Stew ard ...................................... 68 74,593 17 22,080 28 36,026 23 16,487

1 City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available.Department of Commerce, Bureau of the Census. Tables cover NOTE: Data are nonadditive. Agreements may have moreall cities of 250,000 inhabitants or more which had written than one provision.

43


Table 12. Labor-management committees in municipal agreements in cities with populations of 250,000 and over,by city size, 1970

Committees A ll agreementsC ity size1

1,000,000 and over 500,000-999,999 250,000-499,999Agreement Workers Agreements Workers Agreements Workers Agreements Workers

Total . ................. .. ................. 286 613,490 69 386,277 129 156,552 88 70,661

Joint conference (consultation,coopera tion )................................. 55 119,680 20 73,615 23 25,355 12 20,710

Safety ................................................ 33 38,840 5 7,490 22 23,900 6 7,450Apprenticeship t ra in in g ................ 11 18,331 4 9,850 6 8,450 1 31Professional issues.......................... 17 94,100 5 66,100 8 19,800 4 8,200Industrial relations issues.............. 15 54,250 5 33,200 5 12,200 5 8,850

1 C ity size is based upon the 1 97 0 Census of P opulation, U .S. agreements and which made these agreements available. D epartm ent o f C om m erce, Bureau o f the Census. Tables cover N O T E : D ata are nonadditive,all cities o f 2 5 0 ,0 0 0 inhabitants or m ore w hich had w ritte n

Table 13. Promotion and demotion procedures in municipal agreements in cities w ith populations o f 250,000 and over, 19701

Procedures Agreements Workers

T o ta l.................................... 286 613,490

Promotion procedures specified . . . 151 352,423Rules governing job p o s tin g ............Rate o f pay fo r temporary transfers

118 313,572

stipulated ........................................ 93 114,531Flutes governing d e m o tio n s .............. 36 46,205Demotion in lieu of layo ff specified 23 30,031

1 See table 1, fo o tn o te 1. N O T E : Data are nonadditive.

Table 14. Selected reduction-in-force procedures in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970

City size1Procedures A ll agreements 1,000,000 and over 500,000-999,999 250,000-499,999

Agreement Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Advance notice of la y o f f .............. 34 28,648 10 8,780 20 15,777 4 4,091Role of employee organization

in R IF ............................................. 11 10,480 4 2,330 6 8,000 1 150Bumping procedures ...................... 34 39,150 13 15,330 8 14,100 13 9,720Recall r ig h ts ...................................... 79 114,099 19 49,480 29 43,867 31 20,752

1 C ity size is based on the 1 9 7 0 Census o f Population, U .S . agreements and w hich made these agreements available.D epartm ent o f C om m erce, Bureau o f the Census. Tables cover N O T E : Data are nonadditiveall cities o f 2 5 0 ,0 0 0 inhabitants or m ore w hich had w ritte n

44


Table 15. Miscellaneous job security provisions inmunicipal agreements in cities with populations of250,000 and over, 19701

Provisions Agreements Workers

T o ta l.................................... 286 613,490

Training and retrain ing...................... 30 154,464Subcontracting provisions .................Advance notice of technological

8 14,924

change ............................................... 3 2,329Attrition arrangements........................ 1 450

^ e e table 1, footnote 1. NOTE: Data are nonadditive.

Table 16. Hours and overtime provisions in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970



T o ta l........................................ 286 • 613,490 69 386,277 129 156,552 88 70,661

Provisions governing:Scheduled daily or weekly

hours ...................................... 186 480,723 48 323,805 90 114,123 48 42,795Daily overtim e.......................... 110 108,934 27 47,090 54 40,151 29 21,693Weekly overtime ...................... 107 223,023 24 163,305 56 42,193 27 17,525Equal distribution of

overtim e.................................. 77 89,371 14 24,850 33 48,913 30 15,608Right to refuse overtime . . . . 47 64,457 8 8,350 26 45,801 13 10,306Compensatory time or

overtime p ay .......................... 10 14,281 9 14,235 1 46Compensatory time banned . . 52 190,903 18 164,355 26 19,263 8 7,285

^ i t y size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census. Tables cover all cities of 250,000 inhabitants or more which had w ritten

agreements and which made these agreements available.NOTE: Data are nonadditive. Agreements may contain more

than one overtime provision.

Table 17. Premium pay for weekend and holiday w ork in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970

Provision All agreementsCity size1

1,000,000 and over 500,000-9 99,999 250,000-499,999Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Premium pay provision for:Saturday/Sunday...................... 51 47,662 7 17,300 32 22,351 12 8,011Sixth and seventh d a y ............ 31 52,576 15 33,240 10 12,185 6 7,151Holidays .................................... 128 274,456 29 182,805 62 65,196 37 26,455

1 City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available.Department of Commerce, Bureau of the Census. Tables cover NOTE: Data are nonadditive,all cities of 250,000 inhabitants or more which had written

45


Table 18. Wage adjustment provisions in municipal agreements in cities with populations of 250,000 andover, by contract duration, 19701

Contract duration All agreements

Wage adjustment provisionsDeferred wage

increase Escalator clauseProvision for area

wage surveyContract

reopeners2Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total .......................... 286 613,490 148 334,016 49 62,686 13 18,320 68 226,806

Less than 12 m onths.......... 20 23,514 4 2,350 1 9,000 1 9,000 4 14,10012 months............................. 64 106,112 15 55,230 5 1,942 3 4,150 14 47,75013 through 23 months . . . 25 25,212 11 12,110 1 1,100 1 350 7 8,99624 months............................. 78 139,329 56 105,647 22 22,199 2 1,920 22 23,27525 through 35 months . . . 29 55,740 15 32,880 6 6,800 2 2,150 8 4,7753 6 months............................ 53 239,448 43 115,649 14 21,645 3 550 11 126,060More than 36 months . . . . 5 5,450 2 2,550 1 200 1 700Duration undetermined . . . 12 18,685 2 7,600 1 1,150

! See table 1, footnote 1. N O TE: Data are nonadditive. Agreements may contain more2 Includes 11 contracts covering 16,459 workers, which than one provision,

permit reopening the contract on nonwage matters only.

Table 19. Wage adjustment and contract reopener provisions in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970



T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Deferred wage increase ................. 148 334,016 47 219,095 69 88,848 32 26,073Escalator clause............................... 49 62,686 10 25,050 25 26,680 14 10,956Provision for area wage survey . . . 13 18,320 7 11,900 3 750 3 5,670Contract reopeners2 ...................... 68 226,806 20 168,430 27 37,305 21 21,071

1 City size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census. Tables cover all cities of 250 ,000 inhabitants or more which had written agreements and which made these agreements available.

2 Includes all provisions, covering 16,459 workers, which reopen the contract for non wage matters only.

NOTE: Data are nonadditive. Agreements may have more than one provision.

46


Table 20. Role o f employee organization in job classification in municipal agreements in cities with populationsof 250,000 and over by occupation, 1970 1

Employee organization role in job classification

All agreements

Occupational groupBlue-collar

and manual craftsProfessional or

technical ClericalPolice or

fireAgreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total .......................... 286 613,490 119 133,668 68 210,889 11 10,850 46 57,424

Referring to job classificationand reclassification.......... 64 67,374 24 25,334 14 4,364 2 1,600 6 5,260

Unilateral management deter-mination .......................... 48 44,556 18 11,762 12 4,118 1 100 6 5,260

Organizations right toappeal ........................ 29 35,068 14 9,684 6 3,360

No reference to appealr ig h t............................. 19 9,488 4 2,078 6 758 1 100 6 5,260

Union participation............ 16 22,818 6 13,572 2 246 1 1,500No reference to job classification

and reclassification.......... 222 546,116 95 108,334 54 206,525 9 9,250 40 52,164

Blue collar, cleriBlue-collar Professional Blue-collar and cal, professional Occupation

and clerical and clerical professional and technical not jivenAgree Agree Agree Agree Agreements Workers ments Workers ments Workers ments Workers ments Workers

Total .......................... 8 5,016 5 14,200 3 2,200 15 20,170 11 159,073

Referring to job classificationand reclassification.......... 5 1,266 1 1,200 1 1,400 8 8,250 3 18,700

Unilateral management determination .......................... 5 1,266 1 1,200 3 3,850 2 17,000

Organizations right toappeal ........................ 4 1,174 3 3,850 2 17,000

No reference to appealrig h t............................. 1 92 1 1,200

Union participation...................... 1 1,400 5 4,400 1 1,700No reference to job classification

and reclassification.......... 3 3,750 4 13,000 2 800 7 11,920 8 140,373

*See table 1, footnote 1.

Table 21. Travel time pay, mileage allowance, and special clothing allowance or maintenance in municipal agreements in cities w ith populations o f 250,000 and over, by occupation, 19701

Pay allowance for

Occupation All agreements Travel time MileageClothing allowance or

maintenanceAgreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 16 64,331 71 309,354 111 213,613

Blue-collar or manual crafts ......... 119 133,668 9 51,981 20 24,889 50 104,213Professional and technical............ 68 210,889 3 7,100 20 93,673 8 29,148Clerical ............................................. 11 10,850 2 950 1 700Police and f i r e ................................. 46 57,424 2 3,400 10 23,000 35 50,410Blue-collar and clerical................... 8 5,016 1 650 1 92 5 2,192Professional and clerical................. 5 14,200 1 1,200 1 6,500 1 600Blue-collar and professional.......... 3 2,200 2 1,750 1 450Blue-collar, clerical, professional

and technical ............................... 15 20,170 9 13,650 7 6,650Occupation not given...................... 11 159,073 6 144,850 3 19,250

l See table 1, footnote 1. NOTE: Data are nonadditive.

47


Table 22. Selected payments for time not worked in municipal agreements in cities with populations o f 250,000and over, by occupational group, 19701

Selected payments All agreements

Occupational groupBlue-collar or manual crafts

Professional or technical Clerical Police or fire

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total .......................... 286 613,490 119 133,668 68 210,889 11 10,850 46 57,424

Funeral leave........................ 173 282,570 72 92,579 39 94,308 6 4,400 24 20,624Jury duty or court witness 166 300,405 77 85,342 39 126,122 5 4,800 18 18,174Sick leave ............................. 221 544,595 91 111,942 56 189,020 6 5,850 30 42,824Rest periods ........................ 53 65,958 26 15,243 11 13,115 2 5,650 1 700Paid meal periods .............. 15 19,748 7 10,424 1 4,500 5 3,074Wash-up/clean-up.............. 27 35,287 19 21,367 4 2,870 1 550Call-in/callback................... 116 254^542 49 45,847 14 4,342 3 1,300 21 17,860Reporting p a y ..................... 48 49,003 30 22,538 6 3,442 1 100 1 1,200Military service-reserve

d u ty .................................... 113 211,567 42 26,542 35 119,558 4 4,900 12 8,724

Blue-collar, cleriBlue-collar Professional Blue-collar cal, professional, Occupation

and clerical and clerical and professional or technical not givenAgree Agree Agree Agree Agreements Workers ments Workers ments Workers ments Workers ments Workers

Total .......................... 8 5,016 5 14,200 3 2,200 15 20,170 11 159,073

Funeral leave........................ 6 3,316 4 12,300 3 2,200 13 16,520 6 36,323Jury duty or court witness 4 1,174 3 11,700 2 1,750 13 16,720 5 34,623Sick leave ............................. 7 4,016 5 14,200 3 2,200 15 20,170 8 154,373Rest periods ........................ 1 350 1 1,200 2 1,750 6 8,650 3 19,300Paid meal periods .............. 2 1,750Wash-up/clean-up.............. 2 2,500 1 8,000Call-in/callback................... 2 1,350 3 8,300 2 1,750 14 19,420 8 154,373Reporting p a y ..................... 1 650 1 1,200 5 7,450 3 12,423Military service-reserve

d u ty .................................... 3 1,700 4 12,300 10 14,520 3 23,323

‘ See table 1, footnote 1. N O TE: Data are than one p ro v is io n .

nonadditive. Agreements may have more

48


w ■ •; - i

Table 23. Maximum paid vacation in municipal agreements in cities with populations of 250.00C amsize, 1970

Maximum vacation allowedCity size1

A ll agreements 1 ,0 0 0 , 0 0 0 and over 500,000-999,999 250,003 99 999Agreements Workers Agreements Workers Agreements | Workers Agree me • kers

T o ta l........................................ 286 613,490 69 386,277?

129 I 156,552 88 ; 0,661

Agreements w ith vacation98 Ip rov is ions...................................... 2 0 1 399,594 53 281,255 85 368 50 32,971

Maximum vacation provisionssp e c ifie d ................................. 160 244,867 44 142,705 79 77,397 37 24,765

O iaippUc^ 7 39,250 5 37,950 2 1,300 . .

0-1 /O i/wppU'C 1 1 0 0 1 1 0 0 ■ 3 3:Z 1 / Z WcC !\o • .........................3 weeks ............................... 17 8,893 8 3,340 7 5,450 2 10 3

T -1 /0 lAfPP 5 1,960 2 1 1 0 3 11850

4 w e e k s ............................... 50 75,029 1 2 2 2 , 0 0 0 27 43,934 1 1 9,045A . 1 /0 \A/ppk«; 3 1,993 2 93 1 1,900•-T 1 / 4. VVCC IXO -5 weeks ............................... 67 112,497 1 2 75,650 37 26,330 18 10,517

5 -1 / 2 w e e k s ........................ 5 1,780 2 400 1 30 2 1,350

6 w e e k s ............................... 5 3,365 5 3,365 i '

Maximum cannot bed e te rm in e d ............................. 41 154,727 9 138,550 19 7,971 13 8,206

No reference to v a c a tio n .............. 85 213,896 16 105,022 31 71,184 38 37,690

1 C ity size is based on the 1 97 0 Census of Population , U.S. agreements and w hich made these nc a m e n ts available. D ep artm ent of Com m erce, Bureau o f the Census. Tables cover 2 Includes one agreem ent covering 8 0 0 p a rt-tim e schoolall cities o f 2 5 0 ,0 0 0 inhabitants or m ore w hich had w ritte n crossing guards w ho receive 7 da'

Table 24. Number of paid holidays in municipal agreements in cities with populations of 250,000 and ove^ by region, 19701

Number of paid holidays

Total ..........................

Agreements w ith paid h o lid a y s .............................

Less than 5 d a y s .........5 days .............................6 days2 ..........................6 days plus 1 or more

half days ...................7 days .............................7 days plus 1 or more

half days ...................8 days .....................8 days plus 1 or more

half days ...................9 days .............................9 days plus 1 or more

half days ...................1 0 d a y s ..........................1 0 days plus 1 or more



half days ...................

RegionsA ll agreements New England Middle A tlan tic East North Central West North Central

Agree Agree Agree Agree Agreements Workers ments Workers ments Workers ments Workers ments Workers

286 613,490 24 22,630 71 342,800 82 137,849 7 6,750

2 0 0 361,303 19 17,116 48 207,392 63 72,897 6 4,0503 1,040

3,1009,816

359,535

40034,284

6,0359,894

1,42230,382

4,000180,096

1 1 , 2 0 0

22,577

2 540 1 5001g 6 8,766 1 650

1

9

3

1 351 2,350

400327

6

6 2,450 6 14,810 4 3,000

5 5,6358,563

1,34420,357

4,0001,700

1 40013

1 1

23

1

35

1

26

8

1 0

4 6,500 1 2

1

14

17

151,696

1 1 , 2 0 0

4,261

2

17 16,566 2 1,750

5 1,050 2 550 1 150

49


Table 24. Number of paid holidays in municipal agreements in cities with populations of 250,000 and over, byregion, 19701 —Continued

Number of paid holidays

All agreementsRegions

New England Middle Atlantic East North Central West North CentralAgreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

13 days or more3 . , . 5 13,564 4 13,550 1 14All recognized holidays 3 4,350 2 4,150All local holidays . . . . 1 3,000 1 3,000Reference to holidays,

no details given . . . . 17 15,523 6 9,895 4 2,673

No reference to paidholidays............................. 86 252,187 5 5,514 23 135,408 19 64,952 1 2,700

South Atlantic East South Central West South Central Mountain PacificAgree- Agree- Agree Agree Agreements Workers ments Workers ments Workers ments Workers ments Workers

Total .......................... 24 48,612 20 8,690 3 3,960 13 10,478 42 31,721

Agreements with paidholidays............................. 14 25,712 13 8,317 7 1,828 30 23,991

Less than 5 d a y s .......... ............5 days ............................. 1 3,1006 days2 .......................... 1 150 1 2506 days plus 1 or more

half days ...................7 days ............................. 1 350 6 6,735 1 1007 days plus 1 or more

half days ...................8 days ............................. 2 4,700 2 143 7 9,1818 days plus 1 or more

half days ...................9 days ............................. 3 1,242 2 899 days plus 1 or more

half days ............ 1 7810 days .......................... 1 350 2 1,200 1 450 3 1,52510 days plus 1 or more

half days ...................11 days .......................... 4 18,200 4 1,200 11 7,30011 days plus 1 or more

half days ...................12 d ay s ..........................12 days plus 1 or more

half days ................... 2 35013 days or more3 . . . .All recognized holidays 1 200All local holidays . . . .Reference to holidays,

no details given . . . . 2 670 5 2,285

No reference to paid holidays 10 22,900 7 373 3 3,960 6 8,650 12 7,730

1 See table 1, footnote 1. 3 Includes one agreement covering 1,700 workers, which2 Includes one agreement covering 4,200 workers, which provides 13 paid holidays in addition to regular school vacations,

provides 6 paid holidays in addition to regular school vacations.

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Table 25. Leave of absence provisions in municipalagreements in cities with populations of 250,000 andover, 19701

ProvisionAll agreements

Agreements Workers

Total ............................................. 286 613,490

Referring to leave of absence ............ 212 538,537Personal reasons ............................. 109 260,397Union business ............................... 120 316,632Education........................................ 85 381,292Maternity ........................................ 107 417,663M ilita ry ............................................. 121 226,101

No reference to leave of absence . . . . 74 74,953

1 See table 1, footnote 1.NOTE: Data are nonadditive. Agreements may contain more

than one leave of absence provision.

Table 26. Negotiated and agency grievance procedures in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970

Grievance procedures All agreementsCity size1


T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Reference to negotiated or agencygrievance procedure ................... 249 574,157 63 365,507 118 149,499 68 59,151

Negotiated procedure only 216 431,650 60 245,307 98 132,988 58 53,355Agency established procedure

only ......................................... 1 120,000 1 120,000Negotiated and agency

established procedure.......... 32 22,507 2 200 20 16,511 10 5,796

No reference to negotiated oragency procedure........................ 37 39,333 6 20,770 11 7,053 20 11,510

1 City size is based on the 1970 Census of Population, U.S. all cities of 250,000 inhabitants or more which had written Department of Commerce, Bureau of the Census. Tables cover agreements and which made these agreements available.

Table 27. Negotiated grievance procedures in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970

City size1Grievance procedures All agreements 1,000,000 and over 500,000-999,999 250,000-499,999


T o ta l........................................ 286 613,490 69 386,277 129 156,552 88 70,661

Reference to negotiated grievanceprocedures ....................................

Notice to employee organization248 454,157 63 245,517 117 149,489 68 59,151

of grievances................................. 101 250,017 31 161,060 40 70,322 30 18,635Scope of procedure defined.......... 215 408,664 52 228,057 105 133,069 58 47,538

Any and all m atters .................Interpretation and application

113 301,898 30 186,265 39 82,065 44 33,568

of agreement.......................... 102 106,766 22 41,792 66 51,004 14 13,970Exclusions from procedure

specified......................................... 72 114,522 14 60,095 56 52,727 2 1,700

*City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available. Department of Commerce, Bureau of the Census. Tables cover NOTE: Data are nonadditive,all cities of 250,000 inhabitants or more which had written

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Table 28. Selected arbitration procedures in municipal agreements in cities with populations of 250,000 and over,by city size, 1970

Procedures All agreementsCity size1


T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Reference to arbitrationprocedures .................................... 203 402,060 53 239,105 97 122,071 53 40,884

Status of arbitrators decisionspecified......................................... 188 384,122 50 226,755 95 120,171 43 37,196

Binding arbitration ................. 147 334,828 48 226,290 59 74,592 40 33,946Advisory arbitration .............. 32 48,370 2 465 27 44,655 3 3,250Varies2 ...................................... 9 924 9 924

Cost of arbitration shared ............ 185 374,160 47 220,055 88 117,971 50 36,134

1 City size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census. Tables cover all cities of 250,000 inhabitants or more which had written agreements and which made these agreements available.

2 Includes eight agreements in which the status of the arbitrator's decision varies with the subject matter, and one

agreement which provides that the decision will be binding if it favors the employer and advisory if it favors the employee or union.

NOTE: Data are nonadditive. Agreements may contain more than one provision.

Table 29. Selected d iscip linary procedures in municipal agreements in cities w ith populations o f 250,000 and over, by c ity size, 1970

City size1Procedures All agreements 1,000,000 and over 500,000-999,999 250,000-499,999


T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Reference to selected disciplinary procedures2 .................................. 113 126,052 28 47,390 48 52,700 37 25,962

Union notified of disciplinary a c tio n ............................. 67 64,974 15 24,240 25 26,710 27 14,024

Disciplinary action subject to grievance procedure . . . . 89 107,778 27 43,590 42 43,430 20 20,758

No reference to selected disciplinary a c tio n .................................... 173 487,438 41 338,887 81 103,852 51 44,699

*City size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census. Tables cover all cities of 250,000 inhabitants or more which had written

agreements and which made these agreements available.2 Data are nonadditive. Agreements may contain both

notification and the right to grieve.

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Table 30. O fficia l time allowances for employee organization business in municipal agreements in cities with populations o f 250,000 and over, by c ity size, 1970

City size1Allowances All agreements 1,000,000 and over 500,000-9 99,999 250,000-499,999


T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Referring to official time allow* ances for employee organizationbusiness2 ...................................... 177 334,232 38 162,255 91 120,868 48 51,109

Grievance preparation............ 81 176,703 24 114,155 30 39,884 27 22,664Grievance hearings................... 125 254,820 31 145,905 65 78,711 29 30,204Contract negotiations ............ 98 227,737 22 135,825 48 57,021 28 34,891

No reference to official time allowances for employee organizationbusiness ........................................ 109 279,258 31 224,022 38 35,684 40 19,552

1 City size is based on the 1970 Census of Population, U.S. agreements and which made these agreements available. Department of Commerce, Bureau of the Census. Tables cover 2 Data are nonadditive. Agreements may contain timeall cities of 250,000 inhabitants or more which had written allowances pertaining to more than one area.

Table 31. Negotiation impasse procedures in municipal agreements in cities w ith populations of 250,000 and over, by city size, 1970

Procedures All agreementsCity size1

1,000,000 and over 500,000-999,999 250,000-4159)999Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l......................................... 286 613,490 69 386,277 129 156,552 88 70,661

Agreements with impasseprocedures .................................... 62 61,284 3 4,260 47 37,809 12 19,215

Factfinding only ...................... 6 7,000 4 3,300 2 3,700Mediation only ........................ 16 19,400 2 310 8 8,670 6 10,420Arbitration only ..................... 5 5,570 1 3,950 4 1,620Factfinding and mediation . . . 30 23,814 27 22,519 3 1,295Factfinding and arbitration . . 1 3,800 1 3,800Mediation and arbitration . . . 3 1,100 3 1,100Factfinding, mediation and

arbitration ............................. 1 600 1 600

No reference to impasseprocedures .................................... 224 552,206 66 382,017 82 118,743 76 51,446

Impasse procedures specified2 . . . 62 61,284 3 4,260 47 37,809 12 19,215Factfinding ............................... 38 35,214 32 26,419 6 8,795Mediation ................................. 50 44,914 2 310 39 32,889 9 11,715Arbitration ............................... 10 11,070 1 3,950 8 3,320 1 3,800

*City size is based on the 1970 Census of Population, U.S. Department of Commerce, Bureau of the Census. Tables cover all cities of 250,000 inhabitants or more which had written

agreements and which made these agreements available.2 Data are nonadditive. Each agreement may have one or

more impasse procedures.

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Chapter 4. Teacher Provisions in Municipal CollectiveBargaining Agreements

Among the agreements in this study were 34 covering195,000 teachers. In most respects these contracts are similar to other public employee agreements and they have been analyzed for all of the provisions discussed so far. In other respects, however, teacher agreements differ in that they address themselves to matters of particular concern to educators, such as academic freedom, professional behavior, teacher development, evaluations, etc. Consequently, without reference to prevalence, a number of provisions pertaining to these aspects of teaching are cited for illustrative purposes.

Academic freedom. An issue of major importance to teachers is the protection of academic freedom. Contract clauses on this subject usually grant the teacher a great deal of latitude in preparing and presenting subject material, within the framework of policies established by the Board of Education:

(1 1 9 ) In o u r representative d e m o cra cy , in w h ich u ltim ate p o w e r is reta ined b y the p e o p le and exercised th rou gh d e lega tion o f a u th ority , th e B oard and the A ssoc ia tion a d voca te the realiza tion o f the fu ll p oten tia l o f each ind iv idu al b y reco g n itio n o f and respect fo r his d ign ity . It th ere fore a llow s that the ed u ca tion o f each ind iv idual m ust d e v e lo p the essential fu ndam enta l p rocesses and th ose skills, understandings, and attitudes w h ich w ill a f fe c t his h a rm on iou s d eve lop m en t as a spiritual, in te llectu a l, p h ysica l, e m o tio n a l, and socia l be in g . It is recog n ized that these d e m o cra t ic values can best b e transm itted in an a tm osph ere w h ich is free fr o m censorsh ip and artificia l restraints u p o n free in q u iry and learning, and in w h ich a ca d em ic fre e d o m fo r teacher and student is en cou ra ged .

A ca d e m ic fr e e d o m shall be guaranteed to teachers, and n o specia l lim ita tion s shall b e p laced u p on stu d y , investigation , presenting and in terpreting fa cts and ideas con cern in g m an, hum an s o c ie ty , the ph ysica l and b io lo g ica l w o r ld , and o th er bran ch es o f learning, w h ich d o n o t c o n flic t w ith the p h ilo s o p h y , un derly ing prin cip les, o b ject iv es and con ten t o f the courses o f stu d y a d o p te d b y the B oard o f E d u ca tion .

A few agreements include policy statements adopted by other organizations concerned with academic freedom. The following statement is an example:

(9 1 ) W H E R E A S , the B oard and the u n ion su bscribe tothe co n ce p ts o f A ca d e m ic F reed om as expressed b y the A A U P as fo llo w s :

(a ) T he teacher is en titled t o fu ll fr e e d o m in research and in the p u b lica tion o f the results, su b ject to the ad equate p erform a n ce o f his o th er aca d em ic d uties ; bu t research fo r p ecu n iary return sh ou ld be based u p o n an understanding w ith the au th orities o f the in stitu tion .

(b ) T he teacher is en titled t o fr e e d o m in the classroom in discussing his su b je c t , b u t he sh ou ld b e care fu l n o t to in tro d u ce in to his teach ing con troversia l m atter w h ich has n o re la tion to his su b ject.

( c ) T he co llege o r un iversity teacher is a c itizen , a m em ber o f a learned p ro fess ion , and an o ff ic e r o f an ed u ca tion a l in stitu tion . W hen he speaks o r w rites as a citizen , he sh ou ld b e free fr o m institu tional censorsh ip o r d iscip lin e , b u t his specia l p o s itio n in th e co m m u n ity im poses specia l ob liga tion s . A s a m an o f learning and an ed u cation a l o f f ic e r , he sh ou ld rem em ber that the p u b lic m ay ju d ge his p ro fess ion and his in stitu tion b y his u tterances. H en ce he sh ould at all tim es be accurate, should exercise appropriate restraint, sh ou ld sh ow respect fo r the o p in io n o f o th ers , and sh ou ld m ake every e f fo r t to in d ica te that he is n o t an in stitu tional s p o k e s m a n .. . .

Professional behavior. Occasionally agreements dealt with professional standards of conduct and the role of the organization in maintaining them:

(1 5 8 ) A lleged breach es o f pro fession a l beh a v ior shall b e p ro m p tly rep orted to the o ffe n d in g teach er and t o the U nit P R & R R epresen ta tive o f the A sso c ia t io n . T he A sso c ia tio n shall use every reasonable e f fo r t t o correct breach es o f pro fession a l b eh av ior b y an y teacher.

T h e teacher m ay b e su b ject to d iscip linary a c t io n fo r repeated in fra ction s , o r fa ilure to p e rfo rm the duties and responsib ilities ou tlin ed in this A greem en t. T eachers are en cou ra ged to d isp lay exem p la ry co n d u ct as an exam ple t o students and to refrain fro m action s w h ich w ill d etract fr o m the ap p rop riate im age o f the t e a c h e r . . .

Professional development. Nearly all agreements provided opportunities for teachers to develop their

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skills and increase subject knowledge. The teachers themselves often play an important role in establishing the programs or the criteria for participation. Additional education, often facilitated by liberal leave policies, varied experience, or involvement in other training programs, was a common method of upgrading professional competence:

(1 5 9 ) 1. T h e B oard shall n egotia te w ith lo ca l area co lleges fo r an e x ten sion o f in-service training in c o o p e ra t io n w ith the co lleges w h ereb y such course w o rk w ill b e recogn ized fo r purposes o f teacher certifica tion and advanced degrees.

2a . A sum o f $ 6 0 0 ,0 0 0 shall b e ap p rop riated fo r the sum m er o f 19 69 and a like sum fo r the sum m er o f 1 9 7 0 fo r teacher fe llow sh ips fo r stu d y in accred ited co lleges and universities, under the criteria hereina fter set fo r th . T he in tent is t o p rov id e a grant o f a sum equal to 7 0 p ercent o f sum m er sch o o l teachers’ salary. H ow ever, since the sum m er s c h o o l sessions at the various sch o o l levels are substantially d iffe ren t in length , it is believed equ ita b le to establish a fix e d sum to b e paid each teacher participating in the program .

2 b . T o a lloca te these fe llow sh ip s e q u ita b ly , the Superin tendent shall in F ebru ary o f each year determ in e the ratio o f the to ta l possib le participants to the to ta l nu m b er o f a p p o in ted teachers. T h e nu m b er o f p articipants to be a lloca ted to each s c h o o l shall b e d eterm in ed b y ap p ly in g the said ratio to all ap p o in ted teachers o n the p a y ro ll fo r such s c h o o l . . .

(1 6 0 ) T h e com m ittee established b y the term s o f the S ep tem ber 1, 19 6 9 A g reem en t, “ fo rm e d o f three representatives o f the B oard and three representatives o f the A ssoc ia tion t o d e v e lo p o n g o in g p roced u res fo r P rofessional S ta ff D eve lop m en t and sensitivity training, and an op tion a l program o f p ro fession a l g row th courses,” shall con tin u e under the term s o f this A greem en t.

Agreements also could provide some form of sabbatical leave for teachers who wish to attend school full time. A minimum length of service and promise to return to work for the school board are common requirements for eligibility:

(1 6 1 ) Sabbatical leave

P u rp o se - T o p rov id e o p p ortu n it ies fo r pro fession a l im p rovem en t, S abbatica l leave shall b e available to teachers fo r fu ll-tim e program s o f stu d y .

E lig ib ility - -A n y teacher w h o has c o m p le te d 5 o r m ore years o f service as a m em ber o f the p ro fession a l s ta ff o f the C incinn ati P ublic S ch o o ls , exclu sive o f any years o f service c o u n te d fo r ob ta in in g any o th er leaves o f ab sence , and w h o has atta ined con tin u in g co n tra ct status, m ay b e granted a leave o f absence in a cco rd a n ce w ith S ection 3 3 1 9 .1 3 1 , O h io R evised C o d e , t o increase his p rofessiona l p reparation through a fu ll-tim e a p p roved program o f stu d y , i f in the ju d gm en t o f the Sabbatica l Leave C om m ittee and the su perintendent such leave o f absence

w ill b e in the interests o f the C incinnati P u b lic S ch oo ls .T he m axim u m a m ou n t o f partial pay an e m p lo y e e m ay receive w h ile on leave un der the provision s o f this paragraph shall n o t e x ce e d e ither,

( 1 ) the d iffe re n ce b e tw e e n the pay to w h ich the e m p lo y e e w o u ld b e en titled i f service had b een rendered during the p eriod o f leave and the m in im u m salary o f a class I teacher (fo rm e r ly class III ), or

(2 ) on e -h a lf o f th e pay to w h ich the e m p lo y e e w o u ld b e en titled i f service had been rendered during the p eriod o f leave, w h ich ever is less.

In determ in ing the partial pay during the p eriod o f leave and the salary after return fro m leave, the teacher on leave shall b e granted increm en ts and any o th er salary ad justm ents as th ou gh service had n o t b e e n interru pted p rov id ed the program o f p ro fession a l g row th is c o m p le te d satisfa ctorily .

A p p lica tio n -A p p l ic a t io n s shall be m ade to the S abbatica l L eave C o m m itte e . T he applicant shall subm it plans fo r the use o f the S abbatica l leave and shall m eet all o th e r requ irem ents as established b y the co m m itte e . T he co m n ittee shall ask the ap p lican t ’ s supervisor a n d /o r prin cipa l to react to the p ro p o se d plan o f s tud y .

S elec tio n - T h e associa tion shall a p p o in t three teachers to serve w ith tw o adm in istrators o n the Sabbatical Leave C om m ittee .

O ne h a lf o f 1 per cen t o f the teachers m ay be granted Sabbatica l leaves in an y 1 s c h o o l year.

A ll e lig ib le teachers, e x ce p t th ose w ith 25 years or m o re o f fu ll-tim e teach ing service in O h io , shall, as a c o n d it io n o f approval fo r leave o f absence fo r p rofessiona l g row th , sign a w ritten agreem ent t o return t o service im m ed ia te ly fo llo w in g sa tisfa ctory c o m p le tio n o f the program o f p ro fess ion a l g row th w ithin the sp ec ified p eriod o r to re fu n d t o the B oard n o later than A ugust 20 n ex t fo llo w in g the sp ec ified p eriod o f leave o r any ad d ition a l leave, all o f the partial pay received during the p e rio d o f leave. R e fu n d o f p ay received w h ile o n leave shall also b e m ade i f the teacher fails t o co m p le te satisfactorily the program o f p ro fession a l im p rovem en t in a cco rd a n ce w ith the prov ision s o f S e ctio n 3 3 1 9 .1 3 1 , O h io R evised C o d e .

Teacher exchange programs are provided for in a few agreements:

(1 1 8 ) In any 1 year , a reason able n u m ber o f teachers, as d eterm in ed b y the S u p erin ten d en t, m ay b e exch an ged fo r teachers fr o m som e o th er sch o o l adm in istration d istrict in the U n ited States and in a foreign cou n try . S uch exch an ge shall b e in itia lly re co m m e n d e d b y the S uperin tendent t o the C o m m ittee on A p p o in tm e n t and In stru ction , w h ich shall r e co m m e n d final a c t io n t o the B oard .

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In the following illustration, bargaining parties agreed to review the student teaching program and compensation to supervisors of student teachers:(162) Current efforts on the part of the State

Superintendent’s office, colleges of education and professional organizations may result in changes in certification standards. At such a time, a study committee composed of representatives from the Alliance and the District, with consultants from colleges of education, shall be formed to write further recommendations in the area of cadet teacher supervision.

The District shall promote a closer working relationship between cadet supervising teachers and university faculties.

It is recognized that the training of new members of the profession is of great valye and importance both to the District and the profession. It is the obligation of the profession to work toward and assist in the education of new members of the profession. Proper compensation for this work is an important consideration as variations in cadet supervision continue to evolve. The District shall not participate in compensation of cadet supervising teachers, but will continue to explore with institutions appropriate rates of pay by the institutions.

Teacher evaluation. The procedures used to evaluate performance are important to professionals. This concern is shown when teachers have negotiated a voice in establishing the frequency of evaluation and the recourse they will have if a report is unfavorable. As in the following example, an evaluation of a probationary teacher may be made by another teacher assigned by the employee association:(163) The performance of all teachers shall be

evaluated in writing. Probationary teachers shall be evaluated at least two times during the school year: No later than November 1 and December 17. In the event that a “shall not recommend reelection” evaluation is received on the December 17 evaluation, the teacher and/or administrator may request and have conducted an additional evaluation. Tenure teachers shall be evaluated at least once every 5 years, and the evaluation report should be submitted by March 1 of the year of evaluation. Criteria for evaluation of all teachers shall be clearly defined.

A copy of the written evaluation shall be submitted to the teacher at the time of personal conference or within 10 days thereafter; one copy is to be signed and returned to the Administration, the other is to be retained by the teacher. In thfe event that the teacher feels that his evaluation was incomplete or unjust, he may put his objections in writing and have them attached to the evaluation report, to be placed in his personnel file with a copy to the Area Superintendent. In the event the teacher desires to have further relief from such report he shall

utilize the grievance procedures described elsewhere in this agreement within 10 days of such report.

Any probationary teacher who shall have received a second evaluation in the school year which he considers substantially negative may, upon request, have his performance evaluated by a tenure teacher assigned by the Association. This evaluation shall be made using the same criteria as that which resulted in the original negative evaluation. The Administration may likewise, upon request, have such evaluation by a tenure teacher appointed by the Association in any case in which the probationary teacher shall have filed an objection or instituted a grievance procedure with respect to such second evaluation. In designating such tenure teacher, the Association shall consult and make arrangements therefor through the Area Superintendent or his designee. The tenure teacher shall arrange the times for his absence from regular duties and the times for personal “in the classroom” observations of the probationary teacher with their respective principals or other applicable administrator. A person serving as such tenure teacher shall be given released time to conduct the evaluation but may be designated in a school year with respect to no more than three probationary teachers and the time devoted with respect to any one evaluation shall not exceed an aggregate of 1/2 day. All such evaluations shall be in addition to evaluations made by the Administration, shall be in writing, shall be filed within 10 days of the original request and shall be furnished the Administration, the Association and the probationary teacher promptly following their completion.

Examination of material from the teacher’s personnel file is usually an integral part of the evaluation process. To prevent abuse, the right to inspect and comment on material in these files is found in nearly every teacher agreement:(164) Official teacher files in a school shall be

maintained under the following circumstances:

No material derogatory to a teacher’s conduct, service, character or personality shall be placed in the file unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that he has read such material by affixing his signature on the actual copy to be filed, with the understanding that such signature merely signifies that he read the material to be filed, and does not necessarily indicate agreement with its content.

The teacher shall have the right to answer any material filed and his answer shall be attached to the file copy.

Upon appropriate request by the teacher, he shall be permitted to examine his file.

Consultation,. As professionals, teachers often are consulted on policies which affect them and the children

56


they teach. In a number of cases, the teachers’ role has been reduced to contract language.

The degree of participation varied from consultation before programs are initiated to an active role in curriculum planning, textbook selection, and other programs of special interest or concern, such as the implementation of integrated education.

Usually provisions for consultation are general and offer little in the way of procedural rules or other details:(165) The principal shall consult with the building

committee concerning the date of any evening meeting at which the attendance of employes is required.

Prior to the initiation of experimental programs into a school, there shall be consultation with the members of the staff affected by such programs. In case of unresolved questions, further consultation shall be held among the District Superintendent, employes and principal.

A joint committee of the Federation and the Board shall be established for the purpose of planning the orientation course which will be offered to all of the employes. The committee shall present its completed reports as promptly as possible.

Substitute service shall be provided when: (1) a Federation representative is absent during working hours because he has been selected to attend a meeting scheduled by the Administration and (2) when an employe is scheduled to attend a meeting sponsored by the Administration that would require an absence of a half day or more, except for attendance at the orientation program, which will be held after the lunch periods provided for in Section 15 of this Article III.

Provisions which include procedural statements, although they vary in degree, are found most frequently in clauses pertaining to specific issues or to standing committees as the following provisions illustrate:(166) Article 29-Curriculum guide and textbook evalua

tion committees.

29-1. On each Curriculum Guide Committee and Textbook Evaluation Committee, the union shall have 1 representative for every 10 committee members or any major fraction thereof. Elementary teachers selected by the union shall have at least 2 years of experience in the Chicago Public Schools on their certificate and have competence in the subject area of the committee.

To serve on a high school Curriculum Committee, the teacher shall have at least 2 years of experience as a regularly certificated teacher, teaching on his certificate, such certificate 10 be in the subject area of the committee.

(167) There shall be a textbook committee in each subject field. Subject field directors and supervising directors shall serve as general chairman of the

committees for their respective Helds. Teachers shall have a significant role in the selection of textbooks and related educational materials.

Each committee shall consist of qualified teachers from the committee’s subject field and two representatives from the School Administration. Each committee shall recommend for approval by the Board basic textbooks, workbooks, supplementary texts and related educational materials (transparencies, duplicating masters, etc.).

Workbooks and other supplementary materials (progress tests, practices, teachers* manuals, etc.) shah be listed with basic texts and made available on an expendable basis.

Each approved list shall include the reading level o f all basic texts and shall be published by course titles whenever possible for the convenience of teachers.

Teachers shall be free to suggest books and educational materials for consideration by the committees.

All teachers of the subject field department in each secondary school shall examine the materials on the approved list and recommend to the School Administration the selections best suited for the program o f that school.

All teachers of a grade level or interest group in each elementary school shall examine the materials on the approved list and recommend to the School Administration the selections best suited for the program of that school.. .

Working conditions. School operation and administrative regulations and procedures are of constant concern to teachers since they have an important and direct bearing on the effectiveness and efficiency with which their duties in the classroom are performed.

Teachers are most competent to teach subjects for which they have been trained specifically or have had adequate experience. Therefore, clauses are common that limit assignments to the teacher’s area or areas of certification:(109) Teachers shall be assigned to teach in their area

or areas o f State and [city] certification. Even if a teacher is certified to teach in more than one area of certification by the State Department of Education, first consideration in the area of assignment will be based on the [city] certification of such a teacher. The preferences of a teacher with respect to a specific schedule assignment within the area of his certification shall be honored unless circumstances make this prohibited. However, primary consideration in making any assignment shall be based upon the competency, training, and experience o f the teacher for undertaking such an assignment.

The number of pupils a teacher is responsible for each period and each day is important, since class size and teaching load often determine the amount of attention a teacher can give to each child. Provisions which

57


regulate these areas usually set specific limits, and strive to reduce these figures:(168) The class size figures which are now: 27 in

kindergarten through Grade 6; 31 in Grades 7 through 12, shall become, effective September 1, 1970; 26 in kindergarten through Grade 6; 30 in Grade 7 through 12.

(26) A. The weekly teaching load in grades 7 through 12 shall be 25 teaching periods of no more than 45 minutes in the regular schedule. In addition, there shall be at least five unassigned preparation periods (at least one per school day). In the vocational, technical, and comprehensive high schools, each academic teacher shall be assigned no more than five 45 minute teaching periods per day. Of the remaining three periods, no more than two (2) may be assigned to nonteaching activities. The remaining period shall be an unassigned preparation period. Teachers of vocational subjects shall be assured one unassigned preparation period per day. Exceptions may be agreed upon by the Federation Building Committee and the principal.

B. Travel time of teachers of the homebound shall be considered as part of such teacher’s teaching day, except that travel from and to the teacher’s home shall not be considered.

C. Whenever possible, case loads for counselors shall be limited to a 1 to 250 ratio. For the purpose of computing such ratio, only those counselors who are working directly with the children on a full-time basis may be used. Counselors shall not be required to act as Assistant Principals or Department Chairmen or to perform other noncounseling duties. The Board and the Federation shall jointly study the feasibility of an 11 month schedule for guidance counselors.

D. Teacher assignments outside the scope of his teaching certificate or his major field of study shall be voluntary.

E. Split classes shall be eliminated whenever possible.

F. Every effort shall be made to limit to two the number of different lesson preparations in the secondary schools.

G. Inequities in assignments shall be proper subjects of grievance.

H. A master schedule for each school shall be posted on the teachers’ bulletin board or shall otherwise be made available to all teachers.

Many agreements provide for teachers’ aides who reduce the amount of time a teacher must spend on nonteaching duties.

(114) The Board and the association recognize that a teacher’s primary responsibility is to teach and that his energies should, to the extent possible, be utilized to this end. Therefore, the Board agrees to make every effort to reduce the following nonteaching duties through the use of teacher aides and part-time clerical assistants so that teachers will have more time to devote to teaching activities: Nonteaching assignments, including but not limited to, health services, supervision of study halls, corridors, playgrounds, cafeterias, streets and sidewalks, and buses. Collecting money from students, delivering books to classrooms, taking inventories, duplicating instructional and other materials, calculating attendance records, and other similar clerical functions.

Teachers shall not be required to transport pupils to activities which take place away from the school building.

The Board and association agree that the efficiency and effective use of teacher aides is an area that needs continuing study and investigation. This will be taken up by the Professional Council.

Yearly reports on the status of reducing non-teaching duties with the use of aides, part-time help and etc., shall be presented to the Association and Professional Council.

A few contracts grant teachers a role in the selection, assignment, and evaluation of teacher aides as the following clause illustrates:

(169) The Board and the association agree that teacher aides enhance the learning environment by reinforcing instructional skills and by assuming nonteaching school functions where feasible.

A. Selection of aides:

Teachers may assist in screening applicants for teacher aide positions. Teachers desiring to screed applicants or applications of applicants for teacher aide positions in their classrooms should notify the Administrative Assistant. However, the Administrative Assistant at each school will have final responsibility for the selection of teacher aides used in that school.

B. Distribution of aide time:

An attempt will be made to distribute aide time at each school so that teachers at the same grade level in that school will have approximately the same amount of aide time scheduled per week. However, aide time is not subject to redistribution due to resignation or absence of an aide. Aides who resign will be replaced as soon as a suitable replacement can be employed. The restrictions of Federal and State funded programs will be taken into account in the distribution of aides and the Administrative Assistant at each school will distribute aide time within the scope of these programs. The Administrative Assistant at each school will have

58


final responsibility for the distribution o f aides at that school.

C. Orientation:

The Administrative d is ta n t at each school willorient newly employed aides to the needs o f the individual school. It will be the responsibility of the teachers who are using the aide to orient the aide to their specific needs.

C. Evaluation:

The teacher or team using an aide will be responsible for the evaluation of that aide. The performance of the teacher aide must be satisfactory to the teacher or team using that aide or the aide will be subject to dismissal or reassignment by the Administrative Assistant.

Nonpaid extra curricular activities often influence the amount of time a teacher can devote to his primary classroom duties. A few contracts make such participation purely voluntary and establish procedures to spread such activity equally among all teachers.

(16) Participation in extra-curricular activities for which no additional compensation is paid shall be strictly voluntary.

(123) Assignment may be made to occasional extra curricular activities for which teachers are not paid. The principal will post a list o f known activities at the beginning of each school year. Teachers will indicate their choice o f activities at which they prefer to work. When the number of teachers who have indicated a preference for an activity does not equal the number o f teachers required for that activity, the principal shall make assignments. Teachers and the administration recognize that assignments should be reasonable.

Classroom environm ent The learning process is carried on with best results in an environment free from disturbances and interruptions. Most agreements recognize that control of the classroom is vital to a teacher’s effectiveness and contain provisions which guarantee that the administration will endeavor to avoid classroom interruptions:

(170) Classroom interruptions are to be permitted only in the case o f emergency or when no other reasonable alternative is possible. Problems caused by classroom interruptions both by teachers and administrators should be discussed at each building level and effective practices established to overcome said problems.

Additional clauses set forth the respective roles of teachers and administrators in maintaining discipline:

(166) A teacher, upon written notice to the principal or his designee, and upon receipt o f written instruction of

where the pupil is to be sent, which the principal or his designee shall send immediately, may exclude from class a pupil who is causing serious disruption.

When a child is excluded from class, the teacher will confer with the principal, assistant principal, or counselor to provide the necessary information concerning the problem and shall provide a written statement o f the problem within 24 hours. The principal will reinstate the child after advising the teacher that some adjustment has been made or following a conference which includes at least two of the following persons: a counselor, an administrator, the child, a parent, the school psychologist, or the attendance officer. Prior to the conference, there shall be consultation between the teacher and the principal regarding the teacher’s presence at this conference. The teacher shall be informed as to the results o f the conference and the adjustment made.

After three written referrals, the principal shall have the child and a parent attend a conference on school rules. The school shall be represented at this conference by the principal or his designee. If the teacher and the principal agree that a procedure other than a parental conference would be most beneficial to the child, that procedure may be substituted. This shall be a prerequisite to returning the child to class.

If the child continues to cause serious disruption, the principal shall suspend the child for a period not exceeding 1 school month for each offense.

When a child is suspended, the principal will initiate a diagnostic review with the classroom teacher and the adjustment teacher and/or the counselor to attempt to determine the basic cause of the child’s problem and the corrective measures to be taken.

Principals shall notify the police in case o f serious school-related offenses including but not limited to: extortion, possession or use o f narcotics, arson or attempted arson, possession or use of alcohol, serious theft, serious vandalism, false reports of fire or bombs, possession or use of weapons, or assault on an employee.

A continuous record of discipline cases shall be maintained for the use o f the school staff.

In the event o f a school-related assault on an employee, the law department of the Board, when notified, shall inform the employee of his legal rights, and he shall be assisted by the law department in court appearances.

Some school systems still permit corporal punishment as part of the disciplinary procedure:

(164) Teachers are not denied the privilege of exercising corporal punishment, as stated in Section 3319.41 of the Ohio Revised Code, when the nature of an act on the part o f a pupil demands such disciplinary action. Whenever corporal punishment is administered, it should be done in a calm and deliberate manner with full


knowledge on the part o f the pupil why this action is taken. The teacher should take into account any individual handicaps. Corporal punishment should not be administered in the heat o f anger, and striking a pupil about the face or head should be avoided.

Almost without exception, as a part of the disciplinary provisions, teachers are supported and protected by the school in instances of assault by students or others. Legal advice and injury compensation are commonly provided for as part of this support:

(161) TEACHER PROTECTION

Section 1 .-Compensation insurance andpersonal injury benefits

Assault on a teacher or injury to a teacher shall be reported immediately to the Board. The Board shall render assistance and advice to the teacher in securing legal redress through law enforcement and judicial authorities.

Workmen's compensation is available to cover injuries or death attributable to assigned duties.

Section 2.-Civil disturbances

In case of a severe civil disturbance which occurs before the teacher leaves his residence for his assignment, the teacher should make every effort to contact the proper school authorities who will determine whether the teacher will be required to report for work. The intent of this provision is that no teacher should be required to report to a school where his person might be in danger.

Section 3.—Pupils

Throughout the years teachers have considered the disruptive pupil to be the greatest deterrent to teaching. Adjustment classes should be established for pupils who are disruptive.

The teacher may send pupils who are seriously disturbing the class to the office for the day. The teacher shall furnish the principal with information o f the exclusion from class and the pupil will be readmitted only upon written authority o f the principal, or after a conference between all parties concerned. Disruptive elementary pupils who are excluded from class must be escorted to the office.

A pupil expressing flagrant insubordination to a teacher shall be disciplined. A subsequent offense o f the same nature may mean suspension by the principal until a parent comes for a conference. Both the parent and pupil must agree to cooperate before he can be readmitted. All cases o f physical violence to members of the staff shall be reported to the police and teachers should be encouraged to sign warrants.

Section 6 . - Emergency

When the superintendent determines that weather conditions are such that travel for pupils and teachers is hazardous, schools should commence for pupils one hour later than the regular starting time. Teachers should make an effort to report to school at the regular starting time.

Section 1,-Liability

The Board and the Association shall cooperate in achieving permissive legislation to provide personal liability, including legal counsel, and personal property damage insurance coverage to each teacher. Costs o f such coverage shall be a matter for future negotiation.

A smaller number of agreements provide assistance when complaints or charges are directed against the teacher:

(171) 1. The administrator or supervisor involvedand the president o f CFPS shall be given full information as to the nature of serious complaints or charges made by parents, students, or any special interest groups which appear to be organized, and be given every opportunity, resource and help to answer or cope with such complaints or harrassment.

2. If complaints or charges are made against any administrator or supervisor, he may have a conference with the Superintendent of Schools or his designee at the Deputy or Assistant Superintendent level. At such hearing, he may have the assistance of the CFPS.

3. Whenever, in the performance of his duties as an administrator or supervisor and in carrying out the responsibilities thereof, an administrator or supervisor becomes the object of legal action directed against him, the Board o f Education will provide the concerned with legal advice.

Professional integrity. The professional integrity of the teacher with respect to pupil evaluation is protected in many agreements which state that his judgement in assigning pupil grades will not be reviewed or reversed by others, subject on occasion, to certain restrictions:

(167) The grade given to a pupil for the completion of an assigned task pursuant to the study of a required or elective subject in the curriculum taught by the teacher or an approved extra-curricular activity under the supervision o f the teacher is the teacher’s indication of the quality of performance by the pupil o f this particular task.

The teacher shall be considered to be the expert in evaluating the pupil’s work, and the integrity of the teacher shall be respected in grading the work of the pupil.

60


The grade given by the teacher shall not be changed by another person. However, in the event that the grade should be challenged by the pupil, his parents, or guardian, and, after appropriate conferences it appears that all factors involved in the performance of the pupil may not have been known or taken into consideration by the teacher, the teacher has the prerogative and duty to raise or lower such grade in accordance with all factors involved. This provision shall not preclude the principal from questioning a student’s grade with the teacher, where the principal believes an error has been made.

No minimum or maximum limitation shall be set on the number who pass or fail, but every teacher will be expected to give all possible assistance and encouragement to pupils whose work may be below passing standards, and to challenge those who may be finding the work too easy.

All final failing grades for 6th, 9th and 12th grade students must be submitted to the school office by the date established through agreement of the head of the school and the School Chapter Advisory Committee for such submission. Such date shall be at least 5 school days prior to graduation. Any final grade submitted after such date must be a passing grade.

As an important part of pupil evaluation as well as normal school procedures, teachers often are required to inform parents of any special problems. General discussions of pupil performance with parents commonly are required through scheduled conferences:

(172) One full school day or two half-days of each semester shall be designated for parent-teacher conferences. These conferences shall be held on school time and all regular classes shall be dismissed. The day or half-days shall be established by the school principal and announced to teachers and parents by the end of the fourth week of each semester. In addition to the scheduled conference day or half-days referred to above, teachers shall confer with parents at other times mutually convenient to the teacher and the parent.

Special education teachers may, with the approval of the principal, utilize the 1 full day or 2 half-days designated for parent-teacher conferences to make home visits or follow-up calls. In cases of particular urgency, additional time may be granted upon request and with the approval of the principal and the region superintendent.

Elementary teachers may, with permission of the principal, utilize the half-day or a part of the day now designated for parent-teacher conferences for home visits.

61


Appendix. Identification of Clauses1

ClauseNumber Em ployer and union Expiration date

1 Seattle, Wash.; citywide, blue-collar crafts, Joint Crafts Council .......................... September 19722 Tampa, Fla., Firefighters (IAFF) ............................................................................. September 19723 Rochester, N.Y., Firefighters ( IA F F ) ........................................................................ June 19734 Boston, Mass.; power services, Firemen and Oilers ( IB F O ).................................... June 19725 District of Columbia, Department of Sanitary Engineering, maintenance and

related employees, State, County and Municipal Employees, (AFSCME) . . . May 19716 Portland, Oreg.; Bureau of Fire (IAFF) ................................................................... June 19717 Baltimore, Md.; Metropolitan Transit Authority, Transit (ATU) .......................... September 19728 Louisville, Ky.; Works Department, street maintenance Teamsters (IBT)(Ind.) . May 31,19719 Chicago, 111.; Transit Authority, Teamsters (IBT) (Ind.) ....................................... November 1971

10 Pittsburgh, Pa.; Board of Public Education, Teachers (AFT) ............................... November 197111 New York, N.Y.; Public Library, building maintenance, shipping and purchasing,

State, County and Municipal Employees (AFSCME) ....................................... June 197312 Tucson, Ariz., State, County and Municipal Employees (AFSCM E)..................... February 197313 Boston, Mass.; Police Department, Boston Police Patrolmen’s Association . . . . March 197114 Greater Indianapolis, Ind.; Department of Public Works, State, County and

Municipal Employees (AFSCME) ........................................................................ December 197115 Baltimore, Md.; Board of School Commissioners, non-teaching aides, Teachers

(AFT) ...................................................................................................................... August 197116 Rochester, N.Y.; Board of Education, teachers, Education Association (NEA) . . June 197317 Jersey City, N.J.; citywide, clerical, State, County and Municipal Employees

(AFSCME) .............................................................................................................. December 197018 Buffalo, N.Y., Police Benevolent Association ......................................................... June 197219 Los Angeles, Calif.; Southern California Rapid Transit District, operators,

Transportation Union (UTU) ............................................................................... May 197220 Cleveland, Ohio; State, County and Municipal Employees (AFSCME) ............... July 197221 Omaha, Nebr.; International Brotherhood of Police Officers ............................... December 197122 Boston, Mass.; Housing Authority, stationary firemen, Firemen and Oilers

(IBFO) .................................................................................................................... January 197323 Milwaukee, Wis.; Board of School Directors, non-teaching personnel, State,

County and Municipal Employees (AFSCM E).................................................... December 197224 Baltimore, Md.; white-collar, nonclerical, Classified Municipal Employees

Association ............................................................................................................ July 197125 Buffalo, N.Y.; pipe caulkers and repairmen, Directly affiliated local union . . . . June 197226 Buffalo, N.Y.; Board of Education, teachers, Education Association (NEA) . . . June 197227 Milwaukee, Wis.; Department of Public Works, Teamsters (IBT) ( I n d .) ................ December 1970

1 Employee organization affiliated with the AFL-CIO unless otherwise indicated as independent union or association.

62


28

29

30

31

32

333435

3637

3839

40

4142

43444546

474849

50

51

52

53

54555657

5859

Appendix. Identification of Clauses — Continued

District of Columbia; Department of Sanitary Engineering, Water PollutionControl Division, Government Employees (AFGE) .........................................

District of Columbia; Department of Sanitary Engineering, MaintenanceDivision, shop and office personnel, Government Employees (AFGE) ..........

Buffalo, N.Y.; blue-collar occupations, State, County and Municipal Employees(AFSCME) ..............................................................................................................

Toledo, Ohio; Toledo Police Command Officers Association, Patrolmen’sBenevolent Association, and Fraternal Order of P o lic e ....................................

Boston, Mass.; Youth Activities Commission, Department of Health andHospitals, and others, Service Employees (SEIU) ..............................................

Seattle, Wash.; Department of Lighting, Electrical Workers (IB E W ).....................Sacramento, Calif.; Transit Authority, Electrical Workers (IB E W ).......................Toledo, Ohio; refuse, sanitary landfills and main wastewater treatment plant,

Teamsters (IBT) (Ind.) ..........................................................................................Chicago, 111.; Transit Authority, bus operations, Transit (ATU) ..........................Portland, Oreg.; city wide, blue-collar occupations, District Council of Trade

Unions ...................................................................................................................Detroit, Mich.; policemen, Detroit Police Officers Association ............................Detroit, Mich.; Library Commission, Association of Professional Librarians of

the Detroit Public Library .....................................................................................Rochester, N.Y.; citywide, blue-collar and white-collar occupations, State,

County and Municipal Employees (AFSCM E)...................................................Cleveland, Ohio; bridge operations, Electrical Workers (IB E W )............................Boston, Mass.; Public Library, Boston Public Library Professional Staff

Association .......................................................................................................Toledo, Ohio; Firefighters ( IA F F ).............................................................................San Jose, Calif.; San Jose Peace Officers Association ............................................Detroit, Mich., supervisory nurses, Nurses Association (ANA) ............................Detroit, Mich.; Department of Street Railways, non-operating white-collar

occupations, State, County and Municipal Employees (AFSCM E)..................Baltimore, Md.; Board of Fire Commissioners, firefighters, Firefighters (IAFF) .Seattle, Wash.; Seattle Police Officers’ G u i ld ...........................................................Philadelphia, Pa.; citywide, blue-collar and white-collar occupations, State,

County and Municipal Employees (AFSCME) ...................................................Detroit, Mich.; Board of Education, blue-collar occupations Teamsters (IBT)

(Ind.) ......................................................................................................................Toledo, Ohio; citywide blue-collar and white-collar occupations, State, County

and Municipal Employees (AFSCME) ................................................................Memphis, Tenn.; Board of Education, blue-collar occupations, State, County

and Municipal Employees (AFSCME) ................................................................Louisville, Ky.; Works Department, garage, stores, transportation, operations and

maintenance, Teamsters (IBT) (Ind.) ...................................................................Boston, Mass.; Housing Authority, Teamster (IBT) (Ind.) ....................................Kansas City, Mo.; Firefighters (IAFF) .....................................................................Rochester, N.Y., Rochester Police Locust Club ......................................................Buffalo, N.Y.; Board of Education, blue-collar occupations, State, County and

Municipal Employees (AFSCME) ........................................................................Boston, Mass.; Typographical Union (ITU) ..............................................................Omaha, Neb., Firefighters ( IA F F ) .............................................................................

March 1972

February 1972

June 1973

December 1972

June 1972 March 1972 September 1972

July 1972 November 1971

July 1972 December 1970

July 1971

June 1972 July 1972

June 1971 July 1972 July 1971 August 1971

July 1971 June 1972 December 1971

June 1971

July 1972

July 1972

June 1971

May 1971 January 1972 September 1970 June 1972

June 1973 May 1972 December 1971

63


60 Cleveland, Ohio; Metropolitan General Hospital, non-professional classifications,State, County and Municipal Employees (AFSCME) .......................................

61 Louisville, Ky.; Sanitation Department, Teamsters (1BT) (Ind.) ..........................62 Jersey City, N.J.; public health nurses, United Nurses Organization of Jersey

City .........................................................................................................................63 Boston, Mass.; Administrative Services Department, Printing Pressmen (IPPA) .64 Jersey City, N.J.; Jersey City Medical Center, white-collar occupations, State,

County and Municipal Employees (AFSCME) ....................................................65 Cincinnati, Ohio; Board of Education, blue-collar occupations, State, County

and Municipal Employees (AFSCME) ................................................................66 Memphis, Tenn.; Housing Authority, Maintenance Department, State, County

and Municipal Employees (AFSCME) ................................................................67 Memphis, Tenn.; Automobile Testing Bureau, State, County and Municipal

Employees (AFSCME) ..........................................................................................68 Buffalo, N.Y., The Buffalo Crossing Guards Association .......................................69 Jacksonville, Fla.; Housing Authority, Laborers (LIUNA) ....................................70 Buffalo, N.Y.; Firefighters (IAFF) ..........................................................................71 Oklahoma City, Okla; Central Oklahoma Transportation and Parking Authority,

Transit (A T U )................................................................... ......................................72 Los Angeles, Calif.; Housing Authority, State, County and Municipal Employees

(AFSCME) ...............................................................................................................73 Detroit, Mich.; citywide, operating engineers, Operating Engineers (IUOE) . . . .74 Cleveland, Ohio; citywide blue-collar occupations, Laborers (LIUNA) ...............75 Buffalo, N.Y.; white-collar occupations, Civil Service Employees Association

(CSEA) ....................................................................................................................76 Buffalo, N.Y.; Board of Education, Civil Service Employees Association

(CSEA) .................................................................................................................77 Jersey City, N.J.; Jersey City Medical Center, United Nurses Organization of

Jersey City ...............................................................................................................78 New York, N.Y.; Fire Department, fire officers, Firefighters (IAFF) ..................79 Buffalo, N.Y., Recreation Society of the City of B u ffa lo .......................................80 Detroit, Mich.; Department of Street Railways, operating personnel, Transit

(A T U )......................................................................................................................81 Denver, Colo.; School District No. 1, Denver Association of Specialized Services

Personnel .................................................................................................................82 District of Columbia; Department of Sanitary Engineering, Revenue Branch,

Government Employees (AFGE) ........................................................................83 Atlanta, Ga.; Housing Authority, Service Employees (SEIU) ...............................84 Akron, Ohio; City Hospital, State, County and Municipal Employees (AFSCME)85 Sacramento, Calif.; Transit Authority, Transit (ATU) .........................................86 New York, N.Y.; Department of Marine and Aviation, Maritime (N M U ).............87 Denver, Colo.; Metropolitan Denver Sewage Disposal District No. 1, Operating

Engineers (IUOE) ..................................................................................................88 Milwaukee, Wis.; Board of School Directors, school accountants, Education

Association (N E A )..................................................................................................89 New York, N.Y.; Triborough Bridge and Tunnel Authority, State, County and

Municipal Employees (AFSCME) ........................................................................90 Omaha, Nebr.; State, County and Municipal Employees (AFSCME) ..................


February 1973 May 1971

December 1971 May 1972

December 1970

Open End

June 1973

June 1972 June 1972 September 1972 June 1972

August 1973

August 1972 June 1971 July 1972

December 1972

June 1973

December 1971 December 1970 June 1972

June 1974

April 1972

January 1972 December 1971 July 1972 March 1974 June 1970

September 1972

December 1972

June 1972 December 1971

64



91 New York, N.Y.; Board of Higher Education, Teachers (AFT) ............................92 Boston, Mass.; Police Department, Boston Police Collective Bargaining

Federation ..............................................................................................................93 Los Angeles, Calif.; Housing Authority, Los Angeles Building and Construction

Trades Council .......................................................................................................94 Buffalo, N.Y.; Operating Engineers (IUOE) ...........................................................95 Cincinnati, Ohio; University of Cincinnati and Cincinnati General Hospital,

Operating Engineers (IUOE) ...............................................................................96 Boston, Mass.; Housing Authority, Boston Building and Construction Trades

Council ...................................................................................................................97 New York, N.Y.; Transit Authority, subway supervisors ......................................98 Milwaukee, Wis.; Bureau of Sanitation, Laborers (LIUNA) .................................99 New York, N.Y.; Manhattan and Bronx Surface Transit Operating Authority,

Transport Workers (TWU) ....................................................................................100 Milwaukee, Wis.; Board of School Directors, substitute teachers, Education

Association (N E A ).................................................................................................101 Seattle, Wash.; School District No. 1, Teamsters (Ind.) ..........................................102 Memphis, Tenn.; Division of Hospitals and Health Services, State, County and

Municipal Employees (AFSCME) ........................................................................103 Akron, Ohio; Board of Education, Firemen and Oilers (IBFO) ............................104 Cincinnati, Ohio; University of Cincinnati and 2 hospitals, non professional

occupations, State, County and Municipal Employees (AFSCM E)..................105 Boston, Mass.; Housing Inspection Department, Boston Environmental

Sanitation Inspectors’ Assn.....................................................................................106 Chicago, 111.; Transit Authority Carpenters (CTA) .................................................107 Milwaukee, Wis.; Board of School Directors, custodial employees, Service

Employees (SEIU) .................................................................................................108 Seattle, Wash.; Nurses Association (ANA) ..............................................................109 Newark, N.J.; Board of Education, Teachers (AFT) ..............................................110 Memphis, Tenn.; Park Commission, State, County and Municipal Employees

(AFSCME) ..............................................................................................................111 Cleveland, Ohio; custodial employees, Service Employees (SEIU) .......................112 New York, N.Y.; Board of Education, bilingual teachers, Teachers (AFT) . . . .113 Detroit, Mich.; State, County and Municipal Employees (AFSCME) ..................114 Denver, Colo.; School District No. 1, teachers, Education Association (NEA) . .115 Columbus, Ohio; State, County and Municipal Employees (AFSCM E)................116 District of Columbia; Department of Sanitary Engineering, Sewer Operations,

Pumping Station, Government Employees (AFGE) .........................................117 Chicago, 111.; Transit Authority, rapid transit operations, Transit (A T U ).............118 Milwaukee, Wis.; Board of School Directors, teachers, Education Association

(NEA) ......................................................................................................................119 Jersey City, N.J.; Board of Education, Education Association (NEA) ................120 Cincinnati, Ohio; Parks, Health, Recreation, State, County and Municipal

Employees (AFSCME) ..........................................................................................121 Cleveland, Ohio; Transit System, Transit (ATU) ...................................................122 Milwaukee, Wis.; Board of School Directors, cafeteria employees, Service

Employees (SEIU) .................................................................................................123 Indianapolis, Ind.; Public Schools, Education Association (NEA) .......................124 Detroit, Mich.; Board of Education, non-teaching blue-collar personnel, State,

County and Municipal Employees (AFSCME) ...................................................

August 1972

February 1972

July 1972 June 1972

September 1972

December 1972 June 1972 November 1972

December 1971

December 1972 May 1972

June 1972 June 1972

September 1972

June 1972 November 1971

December 1972 September 1972 January 1973

June 1972 July 1972 September 1972 June 1971 April 1972 March 1972

June 1972 November 1971

December 1972 August 1972 '

February 1971 July 1972

December 1972 December 1971

January 1972

65



125 New York, N.Y.; Board of Education, school secretaries, Teachers (AFT) . . . .126 Denver, Colo.; School District No. 1, vocational teachers, Teachers (AFT) . . . .127 District of Columbia; Department of Highways and Traffic, Government Em

ployees (AFGE) ....................................................................................................128 District of Columbia; Department of Sanitary Engineering, Water Operations

Division, Government Employees (AFGE) .........................................................129 Milwaukee, Wis.; Professional Policemen’s Protective Association .......................130 Denver, Colo.; School District No. 1, Denver Public Schools Association of

Buildings and Grounds Service Personnel ...........................................................131 Louisville, Ky.; Dept, of Public Safety, civilian police employees, State, County

and Municipal Employees (AFSCME)...................................................................132 Chicago, 111.; Transit Authority, Machinists (IAM) .................................................133 New York, N.Y.; Board of Education, Guidance Counselors, Teachers (AFT) . .134 Buffalo, N.Y.; Board of Education, Buffalo Public School Administrators

Association ...........................................................................................................135 Tucson, Ariz.; Fraternal Order of Police (FOP) ......................................................136 Baltimore, Md.; Board of Fire Commissioners, fire officers, Firefighters (IAFF)137 San Francisco, Calif.; Laguna Honda Hospital, Service Employees (SEIU) . . . .138 Milwaukee, Wis.; Operating Engineers (IUOE) ..........................................................139 Greater Indianapolis Ind.; Department of Transportation, State, County and

Municipal Employees (AFSCME) ........................................................................140 Boston, Mass.; Police Department, Boston Police School Traffic Supervisors

Assn............................................................................................................................141 Milwaukee, Wis.; Technicians, Engineers and Architects of Milwaukee ...............142 Denver, Colo.; Housing Authority, State, County and Municipal Employees

(AFSCME) ..............................................................................................................143 Akron, Ohio; State, County and Municipal Employees (AFSCME) .....................144 New York, N.Y.; Board of Education, school lunch employees, State, County

and Municipal Employees (AFSCME) ................................................................145 Memphis, Tenn.; Division of Public Works, State, County and Municipal

Employees (AFSCME) ..........................................................................................146 Milwaukee, Wis.; Fire Department, firefighters, Firefighters (IAFF) ..................147 Boston, Mass.; Housing Authority, Laborers (LIUNA) .........................................148 Louisville, Ky.; Traffic Engineering Department, electrical maintenance,

Electrical Workers (IB E W )....................................................................................149 Chicago, 111.; Board of Education, principals, Chicago Principals Club ................150 Jacksonville, Fla.; Firefighters (IAFF) .....................................................................151 New York, N.Y.; Board of Education, teachers, Teachers (A F T ) ..........................152 Detroit, Mich.; Department of Street Railways, non-operating personnel, State,

County and Municipal Employees (AFSCME) ...................................................153 Kansas City, Mo.; Area Transportation Authority, Transit (ATU) .........................154 Columbus, Ohio; Board of Education, nonteaching personnel, Columbus School

Employees A ssociation..........................................................................................155 Boston, Mass.; Library and Administrative Services, Bookbinders (IBB) .............156 Milwaukee, Wis.; Fire Department, marine firemen, Firefighters ( IA F F ) .............157 Memphis, Tenn.; Board of Education, Distributive Workers (NCDWA) (Ind.) . .158 Phoenix, Ariz.; Board of Education, Union High School System, Education

Association (N E A ).................................................................................................159 Philadelphia, Pa.; Board of Education, teachers, Teachers (AFT) .......................

September 1972 April 1972

November 1971

March 1972 November 1972

June 1972

May 1970 November 1971 September 1972

June 1972 August 1973 June 1973 July 1972 November 1972

December 1971

September 1972 December 1971

January 1972 March 1971

June 1971

June 1972 November 1973 September 1971

June 1970 December 1970 September 1971 September 1972

July 1971 October 1971

June 1973 March 1972 December 1971 June 1974

July 1972 August 1972

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160 Columbus, Ohio; Board o f Education, teachers, Education Association (NEA) .161 Cincinnati, Ohio; Board of Education, Education Association (NEA) ................162 Seattle, Wash*; School District No. 1, Education Association (NEA) ...................163 Portland, Oreg.; School District No. 1, Multanomah County, Education

Association (N E A )......................................................................................................164 Cleveland, Ohio; Board of Education, teachers, Teachers (AFT) ...........................165 Philadelphia, Pa.; Board o f Education, nonteaching assistants, Teachers (AFT) .166 Chicago, 111.; Board of Education, teachers, Teachers (AFT) ................................167 District of Columbia; Board of Education, Teachers (AFT) ...................................168 Boston, Mass.; School Committee, Teachers (AFT) ................................................169 Phoenix, Ariz.; Board of Trustees, Wilson District No. 7, Education Association

(NEA) ...........................................................................................................................170 Baltimore, Md.; Board o f School Commissioners, teachers, Teachers (AFT) . . .171 Cleveland, Ohio; Board of Education, administrative and supervisory personnel,

Teachers (A F T ) ...........................................................................................................172 Detroit, Mich.; Board of Education, teachers, Teachers (AFT) .............................

~ IJ. S. GOVERNMENT PRINTING OFFICE : 1972 O - 512376 (18)

August 1973 January 1971 June 1973

June 1973 May 1971 August 1972 December 1970 June 1971 September 1971

July 1973 June 1971

December 1970 July 1971


What Does Productivity Mean? What’s Happening to Productivity? How Can Productivity be Improved?The Meaning and Measurement of Productivity (BLS Bulletin 1714, 30 cents) Tells what productivity is and the different ways it can be measured.Productivity and the Economy (BLS Bulletin 1710, 50 cents) A chartbook that presents recent information on productivity and analyses it in a framework of related economic trends.Improving Productivity: Labor and Management Approaches (BLS Bulletin 1715,45 cents) Describes formal efforts by labor and management to improve productivity concentrating on plant-level practices that are within the control of management and unions.

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